What's happening
This bill requires public assistance applicants in New York to pass a drug test and enroll in rehabilitation if they fail.
Why it matters
This bill adds a mandatory drug test as a condition for receiving any form of public assistance in New York, which could impact access for individuals struggling with substance use—even if their need for assistance is unrelated to drug use.
It gives the Commissioner of Health authority to set rules for drug testing, including what substances will be tested, how often, and what counts as a failed test—meaning the scope and strictness of these requirements could change over time.
Those who fail the drug test must enroll in a certified drug rehabilitation program to keep their benefits, tying access to public assistance directly to participation in treatment—potentially increasing demand for rehabilitation services and affecting people’s privacy and autonomy.
If applicants do not enroll in or actively participate in the required rehab program after failing a drug test, they become ineligible for any public assistance, which could raise concerns about increased hardship for already vulnerable populations.
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Who cares
Public assistance applicants
People found eligible for any category of public assistance would have to submit to a drug test before receiving benefits, and those who fail would have to enroll and actively participate in certified drug rehabilitation to remain eligible.
Social services officials
They would have to require drug testing after determining eligibility and before distributing assistance.
State health commissioner
The commissioner would set testing methods, frequency, covered substances and failure standards, and certify rehabilitation programs.
Drug rehabilitation providers
Programs certified by the health commissioner would serve applicants required to enroll and actively participate after failing a drug test.
Headline styles
Require Drug Tests for Welfare
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
2 Multi-sponsors
History
- Referred to social services
- Held for consideration in social services
- Referred to social services
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1818
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. CROUCH, BARCLAY, BLANKENBUSH, GIGLIO, HAWLEY, JOHNS, LOPEZ, McLAUGHLIN, PALMESANO -- Multi-Sponsored by -- M. of A. GOODELL, OAKS -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law, in relation to people receiving public assistance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 131 of the social services law is amended by adding a new subdivision 9-a to read as follows:
9-a. Upon determining that a person is eligible for any form or category of public assistance and prior to making any distribution to such person, the social services official shall require the person seeking assistance to submit to a drug test. The commissioner of health shall establish rules and regulations regarding the method of testing, the frequency of testing, the substances for which to be tested, and what constitutes failing such drug test. If a person fails the drug test, he or she shall enroll in a drug rehabilitation program certified by the commissioner of health. Such person shall not be eligible to receive any assistance under this chapter if he or she fails to enroll and actively participate in the rehabilitation program.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04486-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.