Bill S5148-2013

Establishes the office of brain injury, within the department of health, to administer the traumatic brain injury program

Establishes the office of brain injury, within the department of health, to administer the traumatic brain injury program.

Details

Actions

  • Jan 8, 2014: REFERRED TO HEALTH
  • May 10, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S5148

TITLE OF BILL: An act to amend the public health law, in relation to establishing the office of brain injury

PURPOSE OR GENERAL IDEA OF BILL:

Establishes the office of brain injury, within the department of health, to administer the traumatic brain injury program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Article 27-CC of the public health law to establish the office of brain injury within the Department of Health to coordinate and administer all State programs associated with Traumatic Brian Injury.

To also authorize the Traumatic Brain Injury Services Coordinating Council (TBISCC) to provide recommendations, long range goals and objectives to the Governor, rather than the Department of Health.

Section 2 Sets effective date.

JUSTIFICATION:

This legislation seeks to update the provisions in the historic legislation creating the Traumatic Brain Injury Program enacted in 1994 (C.196,L.1994)

Traumatic brain injury programs are scattered throughout various State agencies and this legislation is a first step in providing a single office to coordinate and administer State programs associated with Traumatic Brain Injury.

Also, to give the Traumatic Brain Injury Services Coordinating Council a stronger and more prominent voice, this legislation requires the Council to provide the Governor with its recommendations rather than the Department of Health.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5148 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________
Introduced by Sens. LIBOUS, CARLUCCI -- 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 establishing the office of brain injury THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 27-CC of the public health law, as added by chapter 196 of the laws of 1994, is amended to read as follows: ARTICLE 27-CC [NEW YORK STATE TRAUMATIC] OFFICE OF BRAIN INJURY [PROGRAM] Section 2740. [Traumatic] OFFICE OF brain injury [program]. 2741. Definitions. 2742. Functions, powers and duties of the [department] OFFICE. 2743. Funding of traumatic brain injury services. 2744. [The traumatic] TRAUMATIC brain injury services coordinat- ing council. S 2740. [Traumatic] OFFICE OF brain injury [program]. [The] THERE IS HEREBY ESTABLISHED, IN THE department AN OFFICE OF BRAIN INJURY WHICH shall have the central responsibility for administering the provisions of this article and otherwise coordinating the state's policies with respect to traumatic brain injury, in consultation with the office [of mental retardation and] FOR PEOPLE WITH developmental disabilities, the office of mental health, the department of education, the office of alcoholism and substance abuse services, the [department of social services, the office of the advocate for the disabled] OFFICE OF TEMPO- RARY AND DISABILITY ASSISTANCE, THE OFFICE OF CHILDREN AND FAMILY SERVICES and the [commission on quality of care for the mentally disa- bled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS. S 2741. Definitions. As used in this article[, the term "traumatic]: 1. "OFFICE" MEANS THE OFFICE OF BRAIN INJURY.
2. "TRAUMATIC brain injury" means an acquired injury to the brain caused by an external physical force resulting in total or partial disa- bility or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. Such term shall include, but not be limited to, open and closed brain injuries that may result in mild, moderate or severe impairments in one or more areas, including cogni- tion, language, memory, attention, reasoning, abstract thinking, judg- ment, problem-solving, sensory perceptual and motor abilities, psycho- social behavior, physical functions, information processing and speech. Such term shall not include progressive dementias and other mentally impairing conditions, depression and psychiatric disorders in which there is no known or obvious central nervous system damage, neurologi- cal, metabolic and other medical conditions of chronic, congenital or degenerative nature or brain injuries induced by birth trauma. S 2742. Functions, powers and duties of the [department] OFFICE. The [department] OFFICE shall have the following powers and duties: 1. to develop a comprehensive statewide program that includes medical, housing, vocational, educational, transportation, social, personal care, family support, day program services, community re-entry services, outpatient rehabilitation services and other essential services; 2. to develop outreach services to provide coordinated information regarding assistance available to persons with traumatic brain injury and their families; 3. to develop and maintain a clearinghouse of information on traumatic brain injuries, including but not limited to, resources that support the development and implementation of community-based services and rehabili- tation; 4. to track the amount of and cost of services provided to persons with traumatic brain injury placed in out-of-state treatment settings; 5. to develop innovative educational programs on the causes and prevention of traumatic brain injuries, with an emphasis on outreach campaigns. Such programs and information shall include, but not be limited to, treatment and services for persons with traumatic brain injury and their families; 6. to accept and expend any grants, awards of other funds or appropri- ations as may be available for these purposes, subject to limitations as to the approval of expenditures and audits as prescribed for state funds by the state finance law; 7. to gather and disseminate statistics and conduct investigations and research relating to the causes and prevention of traumatic brain inju- ries and the treatment of such injuries, including the methods and procedures for rehabilitation, including from time to time, such publi- cations for distribution to appropriate scientific organizations; 8. to contract with independent consultants to conduct assessments of the needs of persons with traumatic brain injury; 9. to develop training programs for persons providing discharge plans and case management; and 10. to develop standards for licensing or certifying residential and non-residential services for persons with traumatic brain injury to the extent that such services are not otherwise subject to the jurisdiction of another state agency. S 2743. Funding of traumatic brain injury services. 1. The [depart- ment] OFFICE shall develop AND SUBMIT TO THE COMMISSIONER AND THE GOVER- NOR, a biennial plan and priorities for the funding of services and
programs as authorized by this article, with emphasis on the development and expansion of community-based services and programs. 2. Such plan shall provide for the development of services, dispersed geographically to the extent feasible, which shall minimize the need for out-of-state placements and promote the return of individuals currently placed out-of-state to enhance family involvement and promote community reintegration. 3. The [department] OFFICE shall, to the extent feasible, utilize existing organizations with demonstrated interest and expertise in serv- ing persons with traumatic brain injuries and shall, within funds avail- able, enter into contracts with such organizations. S 2744. [The traumatic] TRAUMATIC brain injury services coordinating council. 1. The traumatic brain injury services coordinating council is hereby established and shall consist of the following persons or their designees: the commissioner, the commissioner of [mental retardation and] developmental disabilities, the [office] COMMISSIONER of mental health, the commissioner of education, the commissioner of alcoholism and substance abuse services, the commissioner of [social services, the state advocate for the disabled] TEMPORARY AND DISABILITY ASSISTANCE, THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES and the [commission on quality of care for the mentally disabled] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS. In addition, the council shall consist of the following persons: five persons appointed by the governor, three of whom shall be persons with traumatic brain injury and two of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; two persons appointed by the temporary president of the senate, one of whom shall be a person with traumatic brain injury and one of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; two persons appointed by the speaker of the assembly, one of whom shall be a person with trau- matic brain injury and one of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain inju- ry, one person appointed by the minority leader of the senate who shall be a person with traumatic brain injury or be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; and one person appointed by the minority leader of the assembly who shall be a person with traumatic brain injury or be representative of the public and have a demonstrated expertise and interest in traumat- ic brain injury. Of the five persons appointed by the governor, three shall serve for a term of one year, one shall serve for a term of two years and one shall serve for a term of three years. Of the two persons appointed by the temporary president of the senate, one shall serve for a term of two years and one shall serve for a term of three years. Of the two persons appointed by the speaker of the assembly, one shall serve for a term of two years and one shall serve for a term of three years. The person appointed by the minority leader of the senate and the person appointed by the minority leader of the assembly shall serve for a term of one year. Subsequent appointments for vacancies shall be for a term of three years and shall be filled in the same manner as the original appointment. 2. The council shall be charged with recommending to the [department] GOVERNOR long range objectives, goals and priorities. It shall also provide advice on the planning, coordination and development of needed services.
3. The members of the council shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties [hereunder] PURSUANT TO THIS ARTICLE, subject to the approval of the [commissioner] DIRECTOR OF THE BUDGET. S 2. This act shall take effect immediately.

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