The Miami Herald reports in today's edition http://www.miamiherald.com/2011/05/06/2204093/welfare-drug-test-bull-heads-to.html that a measure requiring the mandatory drug testing for all welfare recipients is headed to Gov. Rick Scott for signature , who called it one of his legislative priorities.
HB 353 requires all adult recipients of federal cash benefits — the Temporary Assistance for Needy Families program — to pay for the tests, which are typically around $35. The screen would be for all controlled substances and applicants would have to disclose any legal prescriptions. Recipients who test positive for drugs would lose their benefits for a year. If they fail a second time, they lose the benefits for three years. Parents who test positive must designate another adult to receive benefits on behalf of their children. Those who pass would be reimbursed by having their benefits increased by the cost of the test.
Personally, I consider this as an intolerable government intrusion which far exceeds all previous measures to reduce the demand for illicit drugs and controlled substances.!!
As a Medical Review Officer I am also concerned that the bill does not contain ANY references to formal written drug testing policy, standards of training for drug testing, or provisions for self-referral to treatment. Furthermore, the bill does not differentiate between regulated and non-regulated testing, procedures regarding verification testing to determine and to exclude false-positive or false-negative testing, and cut-off values for substances tested.
It also fails to take into consideration that gas-chromatography testing is required to verify the drug test results which can add additional costs exceeding the estimated $35 per test. For example, an synthetic opioid panel costs at least $85.
In addition the bill contains NO reference to the role of a Medical Review Officer (MRO) who makes the final and definitive verification decision for each drug test results and should report the results.
In summary: this bill must be challenged in court and will not hold up legal scrutiny.
Yours
Bernd
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