Section 432.25 - Eligibility for Individuals Convicted of Drug Distribution.(a)(1) Notwithstanding sections 405.1 and 432.24, to the extent permitted by Federal law, no individual who, after the effective date of this section, has been convicted under section 13(a)(14), (30) or (37) of the act of April 14, 1972 ( P.L. 233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," when the amount of controlled substances involved is equivalent to or greater than the amount of controlled substances set forth in 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8) (iii) (relating to drug trafficking sentencing and penalties) while receiving public assistance shall be eligible for public assistance unless:(i) the individual is complying with or has already complied with the obligations imposed by the criminal court; and(ii) the individual is actively engaged in or has completed a court-ordered substance abuse treatment program, as applicable, and participates in periodic drug tests for ten years after the drug-related conviction or for the duration of probation, whichever is of longer duration.(2) Upon a second or subsequent conviction under section 13(a)(14), (30) or (37) of "The Controlled Substance, Drug, Device and Cosmetic Act" when the amount of controlled substances involved is equivalent to or greater than the amount of controlled substances set forth in 18 Pa.C.S. § 7508(a)(1) (iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii), the individual shall be suspended from receiving public assistance for a period of ten years to the extent permitted by federal law. After the ten-year suspension, the individual may apply for public assistance.(b) An individual who takes a drug test pursuant to subsection (a)(1)(ii) and fails the test shall be subject to the following sanctions to the extent permitted by federal law: (1) For failing a drug test the first time, an individual shall be provided an assessment for addiction and provided treatment for addiction as indicated by treatment criteria developed by the Single State Authority on Drugs and Alcohol. Assessments shall be conducted by the Single County Authority (SCA) on Drugs and Alcohol or a designee. Treatment recommended shall be provided by facilities licensed by the Division of Drug and Alcohol Program Licensure in the Department of Drug and Alcohol Programs or by a licensed physician. Medicaid eligibility and determinations shall be expedited to ensure access to assessment and addiction treatment through Medicaid. If the individual cooperates with the assessment and treatment, no penalty shall be imposed. If the individual refuses to cooperate with the assessment and treatment, the public assistance shall be suspended for six months. The department must notify the individual of the failed drug test no later than seven days after receipt of the drug test results, and the suspension in public assistance will begin on the next scheduled distribution of public assistance and for every other distribution of public assistance until the suspension period lapses. After suspension, an individual may apply for public assistance but shall submit to a retest.(2) For failing a drug test or retest the second time, the individual shall be suspended from receiving public assistance for a period of ten years. After the ten-year suspension, an individual may apply for public assistance but shall submit to a retest.(c) Nothing in this section shall be construed to render applicants or recipients who fail a drug test or drug retest ineligible for:(1) a Commonwealth program that pays the costs for participating in a drug treatment program;(2) a medical assistance program; or(3) another benefit not included within the definition of public assistance as defined under subsection (f).(d) Notwithstanding any other provision in this section, the department shall, in its sole discretion, determine when it is cost effective to implement the provisions of this section.(e) This section shall not apply to benefits which are afforded to the minor children of those individuals who are denied eligibility to receive public assistance benefits under subsection (a).(f) As used in this section, the term "public assistance" means Temporary Assistance to Needy Families (TANF), general assistance and State supplemental assistance.Added by P.L. TBD 2018 No. 125, § 4, eff. 12/24/2018.