Requires hospitals to include in discharge planning for brain insult patients, an evaluation for treatment in a state certified hospital operated acute rehabilitation unit for traumatic brain injury.

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S2203-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jan 18, 2011: REFERRED TO HEALTH

S2203-2011 Memo

BILL NUMBER:S2203

TITLE OF BILL:
An act
to amend the public health law, in relation to discharge planning for
patients diagnosed with moderate to severe brain insult

PURPOSE:
This bill amends the Public Health Law regarding discharge
planning for traumatic brain injury patients.

This bill instructs the commissioner to require general hospitals to
include evaluation for admission to a State certified Traumatic Brain
Injury unit in the discharge planning for traumatic brain injury
patients. Any patient with acute acquired brain injury, including
closed and open head injuries, stroke, anoxia, brain tumors and other
neurological problems, accompanied by cognitive deficits or
behavioral modification issues, should be evaluated for admission
into an acute Rehabilitation/Coma Recovery Program in one of the
designated Traumatic Brain Injury Units as an alternative to
admission to standard sub-acute rehabilitation in specialized nursing
homes.

SUMMARY OF PROVISIONS:
Section 1 adds new subdivision 8-a to Section 2803-i of the public
health law.

Section 2 establishes the effective date as 30 days after the act
becomes law.

EXISTING LAW:

JUSTIFICATION:
Traumatic brain injury is operationally defined as
"damage to brain tissue caused by external mechanical forces as
evidenced by at least one of the following: loss of consciousness;
post-traumatic amnesia; skull fracture; objective neurological
findings of brain trauma." (TBIMS, 2003) According to the National
Institute on Disability and Rehabilitation Research, the ideal system
of care for traumatic brain injury "should demonstrate coordinated,
cost effective neurotrauma and rehabilitation services to maximize
recovery and reintegration through early effective and efficient
intervention, a sophisticated multi-disciplinary team of TBI
professionals, and support services available in the community to
facilitate optimal level of physical and psychosocial functioning."

Designated traumatic brain injury units provide specialized acute
rehabilitation programs for individuals with acquired brain injuries.
Because the medical, physical, cognitive and emotional problems that
can result from brain injury are extremely complex, individualized
assessment and treatment is vital. Designated TBI units provide
interdisciplinary teams of psychiatrists specialized in brain injury
rehabilitation and neuropsychologists, who can provide cognitive
guidance.


Rehabilitation in TBI units is significantly more intensive than
sub-acute rehabilitation in nursing homes, both in terms of the
quality and variety of rehabilitation services available and the
times per day these services are offered to patients.

Acute rehabilitation programs for traumatic brain injuries are
currently available in all five NYC boroughs, Long Island,
Binghamton, Schenectady, Syracuse, Rochester, and Buffalo, as well as
several other locations throughout New York State. However, many
physicians and social workers who work on the discharge planning
of TBI patients are not aware of these options and their benefits.
Some hospitals discharge patients only to specialized nursing homes,
which provide long-term sub-acute rehabilitation programs for
head-injured patients. For example, the five designated TBI units in
New York City, despite their advantages in terms of quality of care
and long-term cost effectiveness, are not operating at capacity.

LEGISLATIVE HISTORY:
2009-2010: S.2185 - Referred to Health
2007-2008: S.1975 - Referred to Health
2006:      S.6949 - Referred to Health

FISCAL IMPLICATIONS:

EFFECTIVE DATE:
30 days after enactment.

S2203-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2203

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 18, 2011
                                 ___________

  Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law, in relation to discharge planning
    for patients diagnosed with moderate to severe brain insult

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  2803-i  of  the  public health law is amended by
  adding a new subdivision 8-a to read as follows:

    8-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  LAW,  THE  COMMIS-
  SIONER  SHALL REQUIRE GENERAL HOSPITALS TO INCLUDE IN THE INDIVIDUALIZED
  DISCHARGE PLANNING FOR PATIENTS DIAGNOSED WITH MODERATE TO SEVERE  BRAIN
  INSULT,  RESULTING FROM STROKE, SKULL FRACTURE, HEMORRHAGE, TRAUMATIC OR
  NON-TRAUMATIC CAUSES, AN EVALUATION FOR TREATMENT IN  A  STATE-CERTIFIED
  HOSPITAL-OPERATED ACUTE REHABILITATION UNIT FOR BRAIN INJURY.
    S  2.  This  act shall take effect on the thirtieth day after it shall
  have become a law.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06116-01-1