Analysis and supporting documents used to determine effect on small business
Economic growth has led to a decrease in the unemployment rate over the past decade and an increase in the need for more workers in various sectors of the State’s economy (see https://dwd.wisconsin.gov/). The proposed rule will benefit Wisconsin businesses by ensuring that more able-bodied adults who are receiving taxpayer supported workforce training services are ready to be hired and perform work. Effect on small business
The proposed rules will benefit small business by increasing the number of workers that are ready to be hired and perform work. The proposed rules do not impose compliance or reporting requirements on small businesses.
Agency contact person
Al Matano, Medicaid State Plan Coordinator and Administrative Rules Coordinator
Wisconsin Medicaid Program, Department of Health Services
Statement on quality of agency data
See “Summary of Factual Data and Analytical Methodologies.”
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. RULE TEXT
SECTION 1. Chapter DHS 38 is created to read: SUBSTANCE ABUSE SCREENING, TESTING AND TREATMENT FOR CERTAIN DEPARTMENT EMPLOYMENT AND TRAINING PROGRAMS
DHS 38.01 Purpose. The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances by applicants for certain employment and training programs administered by the department, and to refer individuals determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment as required by s. 49.79 (9) (d), Stats.. DHS 38.02 Definitions. In this chapter:
(1) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am), Stats.. (2) “Administering agency” means an administrative agency within the executive branch under ch. 15, Stats., or an entity that contracts with the State such as, single county consortia under s. 49.78 (1r), Stats.; multicounty consortia under s. 49.78 (1) (br), Stats.; or a tribal governing body under s. 49.78 (1) (cr), Stats.. (3) “Confirmation test” or “confirmed test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.
(4) “Controlled substance” or “substance” has the meaning given in s. 49.79 (1) (b), Stats.. (5) “Department” means the department of health services.
(6) “Employment and training program” or “food stamp employment and training program” or “program” in this chapter has the meaning given in s. 49.79 (9), Stats.. (7) “Food stamp program” has the meaning under s. 49.79 (1) (c), Stats.. (8) “Individual” means an able-bodied adult who is subject to the work requirements specified in s. 49.79 (10) (a), Stats., and intends on meeting the work requirements through participation in the food stamp employment and training program. (9) “Medical review officer” means a licensed medical provider employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate an individual’s positive test result in relation to the individual’s medical history and valid prescriptions.
(10) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.
(11) “Prescription” means a current order for a controlled substance that indicates the specific regimen and duration of the order, and that is transmitted electronically or in writing by an individual authorized in this state to order the controlled substance.
(12) “Qualified drug testing vendor” means a laboratory certified by the centers for medicare & medicaid services under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer.
(13) “Screening” means completion of a questionnaire specified by the department, regarding the individual’s current and prior use of controlled substances.
(14) “Specimen” means tissue, fluid, or a product of the human body required to be submitted by an individual for testing under this chapter.
(15) “Trauma-informed” means operationalizing the understanding of the science of Adverse Childhood Experiences (ACEs), toxic stress, trauma, and resilience into organizational culture, policies, programs and practices. Operationalizing TIC means an adherence to trauma-informed principles such as safety, trustworthiness and transparency, peer support, collaboration and mutuality, empowerment, and cultural, historical and gender issues. (SAMHSA)
(16) “Treatment” means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding treatment services, recovery and case management, crisis intervention, education, employment, and problem resolution in life skills functioning.
(17) “Treatment program” means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, a narcotic treatment service for opiate addiction under s. DHS 75.15, or psychosocial rehabilitation services as approved by the department. (18) “Treatment provider” or “provider” means a provider of treatment services for controlled substance abuse certified by the department under the provisions of ch. DHS 75, a provider certified under s. 440.88, Stats., or other licensed professional who meets the requirements of ch. SPS 161. DHS 38.03 Information about the requirement for controlled substance abuse screening, testing, and treatment. An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or is referred to participate in an employment and training program to explain the requirement for participants in certain employment and training programs to undergo screening, testing, and treatment for abuse of controlled substances.
DHS 38.04 Administering and evaluating a controlled substance abuse screening questionnaire to determine possible substance abuse. (1) Who must complete a screening questionnaire. At the time of application and at annual redetermination, an administering agency shall administer to any individual, as defined in 38.02(8) of this chapter, a controlled substance abuse screening questionnaire approved by the department, which may include questions related to controlled substance abuse as well as related criminal background. An administering agency shall determine whether answers to the controlled substance abuse-screening questionnaire indicate possible use of a controlled substance without a valid prescription by the individual.
(2) Application requirements. (a) An individual shall answer all questions on the screening questionnaire, sign and date the questionnaire, and submit the questionnaire to the administering agency.
(b) If answers to the questionnaire indicate the prescribed use of controlled substance by an individual, in addition to the requirements stated in par. (a), the individual shall provide a valid prescription to the administering agency.
(3) Effect of failing to complete screening questionnaire. An individual who fails to comply with the application requirements stated in sub. (2), is not eligible to participate in the employment and training program, and the administering agency shall not refer the individual to participate in the program. An individual denied eligibility for participation in an employment and training program for failure to complete a screening questionnaire may complete a screening questionnaire at any time while FoodShare eligible.
(4) Effect of successfully passing the screening questionnaire. An individual whose answers to the screening questionnaire do not indicate possible substance abuse of a controlled substance has satisfied the requirements of this chapter and may participate in an employment and training program, subject to this chapter.
DHS 38.05 Requiring a test for the use of a controlled substance. (1) Who may be required to undergo drug testing. An individual whose answers on the screening questionnaire indicate possible use of a controlled substance without a prescription order shall be required to undergo a test for the use of a controlled substance.
(2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from an individual, by a qualified drug testing vendor or provider approved by the department, in a manner specified by the department that is consistent with guidelines from the U.S. department of health and human services. A qualified drug testing vendor shall analyze the specimen for the presence of controlled substances specified by the department.
(3) Contract for testing services. Subject to the department’s approval, the administering agency may contract with a qualified trauma-informed drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, provide review by a medical review officer, and document and report test results to the administering agency. The department may require the use of a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.
(4) Refusal to submit to a test. The following shall constitute a refusal to submit to a test by an individual:
