Relating to authorizing the Department of Human Services to promulgate a legislative rule relating to the pilot program for drug screening of applicants for cash assistance

2025 Regular Session Introduced by Doug Smith

HB 2251 allows West Virginia to implement drug screening for cash assistance applicants, potentially changing eligibility based on substance use assessments.

To House Health and Human Resources

#legislature--rulemaking

Bill Information

Bill Number: HB 2251

Title: Relating to authorizing the Department of Human Services to promulgate a legislative rule relating to the pilot program for drug screening of applicants for cash assistance

Status: To House Health and Human Resources

Introduced: January 29, 2025

Classification: Bill

Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2251 aims to authorize the West Virginia Department of Human Services (DHS) to develop and implement a legislative rule concerning a pilot program for drug screening applicants seeking cash assistance. The intent is to establish a framework for assessing the eligibility of applicants based on their substance use, thereby potentially influencing the distribution of state assistance.

Key Provisions

Authorization of Rule Making: The bill specifically authorizes the DHS to promulgate rules related to the pilot program for drug screening. This includes the establishment of procedures and criteria for screening applicants for cash assistance.

Reference to Existing Code: The bill amends and reenacts §64-5A-1 of the Code of West Virginia, which outlines the authority of the DHS in this context.

Implementation Timeline: The legislative rule is to be filed in the State Register, with the initial filing having occurred on October 22, 2024.

Impact

Affected Parties: The primary individuals affected by this legislation will be applicants for cash assistance in West Virginia. The bill may also impact the DHS as they will be responsible for implementing the drug screening process.

Potential Outcomes: If enacted, the pilot program could lead to changes in the eligibility criteria for cash assistance, potentially reducing the number of applicants who qualify based on their drug screening results.

Legislative Actions and Timeline

January 29, 2025: Bill filed with the Clerk by Rep. Tony M. McCombie.

February 4, 2025: First reading and referred to the Rules Committee.

February 12, 2025: Introduced in the House and referred to the Committee on Health and Human Resources.

March 4, 2025: Assigned to the Executive Committee.

March 12, 2025: Passed in the Executive Committee with a vote of 012-000-000.

March 27, 2025: Held on the Calendar Order for Second Reading - Short Debate.

April 11, 2025: Third Reading Deadline Extended to May 31, 2025.

May 31, 2025: Rule 19(a) / Re-referred to Rules Committee.

Conclusion

HB 2251 represents a significant step towards implementing drug screening for cash assistance applicants in West Virginia. By granting the DHS the authority to create rules for this pilot program, the bill aims to address concerns regarding substance use among individuals receiving state assistance. The ongoing legislative process will determine the final structure and implications of the proposed rule.

Bill