REQUIREMENTS 1005 Substance Abuse Sanctions

User Manual: 1005-Substance-Abuse-Sanctions

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DEPARTMENT OF HUMAN RESOURCES
FAMILY INVESTMENT ADMINISTRATION TEMPORARY CASH ASSISTANCE
MANUAL
SUBSTANCE ABUSE
SANCTIONS – 1005 COMAR
07.03.03.19 NON-COMPLIANCE 1000
REVISED AUGUST 2008 Page
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1005 NON-COMPLIANCE WITH SUBSTANCE ABUSE REQUIREMENTS
A. Application
1. Deny the case when the adult or minor parent head of household fails to
appear for screening, screens positive and fails to sign the Consent for
Release of Alcohol and Drug Treatment Information (DHR/FIA 1176) form, or
refuses to complete the drug test.
2. Deny the case if two parents are in the household and one or both parents
refuse to be screened, refuse to sign the 1176 when the substance abuse
screen is positive or fails to complete the drug-testing requirement.
3. Remove the individual’s needs if a minor parent not the head of household
refuses to be screened, refuses to sign the 1176 when substance abuse
screen is positive, or fails to complete the drug-testing requirement.
B. Recertification or Interim Change
1. Individuals being added to the TCA grant at recertification or interim change
are treated as applicants and must comply with substance abuse treatment
and services provisions.
2. When it is a two-parent household and one parent fails to comply with the
screening, signature requirement, or the drug-testing provision, the applicant
is ineligible for TCA and will be denied.
a. These individuals are not to be added to the TCA grant and are not
entitled to F01 medical coverage.
b. Although the applicant is ineligible for F01 MA coverage, a separate
determination for medical assistance eligibility must be made.
3. Remove the individual’s needs if the minor parent is not the head of
household and refuses to be screened, fails to sign the 1176 when the
substance abuse screen is positive or fails to complete the drug-testing
requirement.
C. Specific Substance Abuse Sanctions
1. Impose an individual sanction when the 1177 or 1178 indicates an adult or
minor parent refuses to comply with the SATS requirements
a. Assign a protective payee if the sanctioned individual is head of household
DEPARTMENT OF HUMAN RESOURCES
FAMILY INVESTMENT ADMINISTRATION TEMPORARY CASH ASSISTANCE
MANUAL
SUBSTANCE ABUSE
SANCTIONS – 1005 COMAR
07.03.03.19 NON-COMPLIANCE 1000
REVISED AUGUST 2008 Page
b. Refer sanctioned individuals to Social Services for failure or refusal to
comply the with SATS requirements
c. Pay the TCA benefit to a third party payee when the head of household is
sanctioned for failure to enroll or maintain enrollment in an appropriate
and available treatment program
2. Do not remove a sanctioned individual from the grant
a. To determine the correct benefit amount, subtract the benefit amount for
the household without the individual from the benefit for the household
including the sanctioned person
b. Enter the difference on the sanctioned individual’s CARES UINC screen
Note: The individual’s share of the TCA grant is treated as phantom income for
the Food Supplement Program case.
D. Lifting a substance abuse sanction.
1. Customers must comply with the requirement that caused the sanction before
the sanction can be lifted
2. Treat the customer the same as a new applicant if the case has been closed
30 days or more
3. Lift the sanction and issue prorated benefits, when the adult and/or minor
parent is in compliance.
4. Customers only have to comply for one day to resolve non-compliance issues
for substance abuse
Substance abuse procedures for CARES are available in the Work Book.
ADDITIONAL INFORMATION
• TCA Manual, Section 1002, Conciliation Process
• TCA Manual, Section 700, Substance Abuse
• The Work Book
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