Ohio House proposal would require random drug tests for Medicaid eligibility

Rep. Troy Balderson

COLUMBUS, Ohio — A Republican lawmaker has introduced a bill that would subject Ohio Medicaid recipients to random drug tests in order to receive benefits from the state-subsidized health program.

Adult Medicaid beneficiaries who receive a second positive test for drugs or “an alcohol problem” would be terminated from Medicaid for six months under provisions of House Bill 440, which was introduced by Rep. Troy Balderson of Zanesville. Medicaid eligibility would also be terminated for six months for people who don’t cooperate with testing requirements or fail to complete treatment programs.

Balderson didn’t return two calls.

Gary Daniels, associate director of the American Civil Liberties Union of Ohio, doesn’t see Balderson’s legislation going anywhere. “I have a hard time taking it seriously as an actual proposal,” he said.

Daniels called the proposed law unconstitutional. He cited a case from about a decade ago, Marchwinski v. Howard, in which a Circuit Court of Appeals agreed with a previous ruling that struck down a Michigan law that tied public assistance to drug testing.

Daniels said the approach Balderson calls for has been proposed many times in the past by states but is too ”costly and ineffective” to work. He noted that the bill doesn’t mention how the state would pay for the drug-testing program. He speculated that Balderson introduced the bill to appear “tough on crime.”

Medicaid is a state and federally funded health program that provides care to “low-income” and “medically vulnerable” people, according to the Ohio Department of Jobs and Family Services. An ODJFS spokesman declined comment on the proposal, saying that the department is “still in the process of reviewing” the legislation.

Brandon Glenn MedCity News

Brandon Glenn is the Ohio bureau chief for MedCity News.

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Tags: Columbus, Ohio, Politics

Comments Post a comment

Way To Go Troy!
This issue has needed attention for a very long time. As a home health care nurse. I have witnessed this abuse many times. Not only is the patient using drugs, so are the family members. Which should be another consideration. If family members living in the home, are abusing drugs they should be required to enter in a substance abuse program also. I hope it should be a mandate these programs will be effective long-term, not just a short fix. As I am sure you are aware the costs of this issue costs all of us substantially. When our country spends around $4 trillion a year on this issue. This money could be spent on more positive projects. Cities could use the money for improvements, feeding the homeless or less fortunate, or improving the health care problem. Not the Obamacare. We need a true health care fix.

Comment by Cindy Zanesville,OH — February 17, 2010 @ 6:33 pm

Cindy, You obviously are not considering the children who will be punished for their parents mistakes. Why dont you focus your efforts on reducing poverty instead of wasting your time worrying about who is using drugs?

Comment by stacy — March 5, 2011 @ 3:47 pm

My daughter has cancer. She’s on state risk insurance, partially funded by Medicaid. On top of all the indignities she has gone through, losing her hair, crawling to vomit in the bathroom, begging for help because her insurance premiums more than doubled, she should now pee in a cup to keep insurance?? (By the way she’s a farmer, works 90 hours a week ) Incredible, makes me ashamed to be American!!!

Comment by Catherine Mikunda — October 18, 2011 @ 9:58 pm

You are so right Catherine. I have had chronic pain, nerve damage and countless surgeries. I am broke and at the will of these politicians who even make it difficult to get my prescriptions due to regulations on pharmacies. Dr.’s can’t doctor, Pharmicist’s cant paharm (:-)) and I am constantly being pronounced guilty of anything concerning prescriptions by these weasle politicians. The new law says I have to be tested every two months regardless. I still don’t know who is going to pay for that. Politicians! stay at what you do best. Lying and stealing.

Comment by Robert Weyls — January 23, 2012 @ 2:05 pm