SB26 Alabama 2012 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Session

Regular Session 2012

Title

Health care benefits, state subsidized, adults applying for or receiving, testing initially and periodically for substance abuse required, ineligibility for positive tests, Health Department to administer, payment for tests, State Health Officer to promulgate rules pursuant to Administrative Procedure Act to implement, certain persons exempt, Patient Accountability and Personal Responsibility Act

Summary

SB26 would require substance abuse testing for adults seeking or receiving state-subsidized health care benefits in Alabama, with testing run by the Department of Public Health and penalties for positive results or refusals.

What This Bill Does

It requires initial testing before receiving benefits and annual rescreening during each year of eligibility, with testing randomly scheduled within the year. Tests look for Schedule I-V controlled substances in blood or urine. If someone tests positive for an unprescribed substance or refuses testing, they become ineligible for state-subsidized health care benefits, though a later re-screening may restore eligibility after 12 months. The cost of periodic tests is added to the person's premium, the Public Health Officer will set the rules, and test results cannot be used in criminal prosecutions without consent; exemptions apply to residents of long-term care facilities.

Who It Affects

• Adults applying for or receiving state-subsidized health care benefits in Alabama will be required to participate in substance abuse testing, with positive results or test refusals potentially making them ineligible for benefits (subject to a possible 12-month re-screening).
• Residents of nursing homes, penal facilities, mental health facilities, or other long-term care facilities are exempt from the testing requirements in this bill.

Key Provisions

• Department of Public Health must design and implement a substance abuse screening program for adults seeking or receiving state-subsidized health care benefits, including periodic tests of blood or urine for Schedule I-V controlled substances.
• Adults who do not participate or who test positive for an unprescribed controlled substance become ineligible for state-subsidized health care benefits; after 12 months, a person ineligible may be rescreened and, if eligible, may receive benefits.
• Testing must occur as an initial condition before benefits are received and once per year thereafter, with the test month randomly assigned within the year and notice provided.
• Test results are not admissible in criminal proceedings without the consent of the tested person.
• The cost of periodic tests is added to the tested adult's premium.
• Public Health Officer must promulgate rules under the Administrative Procedure Act to implement the act.
• Section 3 provides exemptions for residents of nursing homes, penal facilities, mental health facilities, and other long-term care facilities.
• The act becomes effective on the first day of the third month after its passage and governor’s approval.
• The act is named the Patient Accountability and Personal Responsibility Act.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health Care