S T A T E O F N E W Y O R K
________________________________________________________________________
6575
I N S E N A T E
January 27, 2016
___________
Introduced by Sen. DeFRANCISCO -- 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, section 2741 and subdivisions 3, 5 and 7 of
section 2742 as amended and subdivision 4 of section 2744 as added by
chapter 312 of the laws of 2014, 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 brain] BRAIN injury services coordinating
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 DEPARTMENT, the
office of alcoholism and substance abuse services, the [department of
social services, the office of the advocate for the disabled] OFFICE OF
TEMPORARY 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.
THE OFFICE SHALL REPORT DIRECTLY TO THE GOVERNOR. THE HEAD AND STAFF OF
THE OFFICE SHALL BE REFLECTIVE OF THE PEOPLE THEY SERVE AND SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06135-04-6
S. 6575 2
INCLUDE LICENSED AND/OR CREDENTIALED INDIVIDUALS WITH SUBSTANTIAL EXPE-
RIENCE IN BRAIN INJURY REHABILITATION.
S 2741. Definitions. As used in this article:
1. "OFFICE" MEANS THE OFFICE OF BRAIN INJURY.
["Traumatic brain] 2. "BRAIN injury" means A TRAUMATIC OR an acquired
injury to the brain caused by EITHER an external physical force OR
INTERNAL ACTION resulting in total or partial disability 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 cognition, language,
memory, attention, reasoning, abstract thinking, judgment, problem-solv-
ing, 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 condi-
tions, depression and psychiatric disorders in which there is no known
or obvious central nervous system damage, neurological, metabolic and
other medical conditions of chronic, congenital or degenerative nature
or brain injuries induced by birth trauma.
[2] 3. "Concussion" [means a mild] OR "MILD traumatic [injury to the
brain that is characterized by immediate and transient alteration of
mental status and level of consciousness, resulting from mechanical
force or trauma] INJURY" MEANS A COMPLEX PATHOPHYSIOLOGIC PROCESS
AFFECTING THE BRAIN, INDUCED BY TRAUMATIC BIOMECHANICAL FORCES SECONDARY
TO DIRECT OR INDIRECT FORCES TO THE HEAD THAT DISRUPTS THE FUNCTION OF
THE BRAIN. IT RESULTS IN A CONSTELLATION OF PHYSICAL, COGNITIVE,
EMOTIONAL AND/OR SLEEP RELATED SYMPTOMS, AND MAY OR MAY NOT INVOLVE A
LOSS OF CONSCIOUSNESS.
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 [traumat-
ic] brain injuries and concussions, including but not limited to,
resources that support the development and implementation of community-
based services and rehabilitation;
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 and concussions, with an empha-
sis on outreach campaigns. Such programs and information shall include,
but not be limited to, treatment and services for persons with [traumat-
ic] brain injury and/or a concussion 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
S. 6575 3
injuries and concussions and the treatment of such injuries, including
the methods and procedures for rehabilitation, including from time to
time, such publications 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 jurisdic-
tion 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
available, enter into contracts with such organizations.
S 2744. [The traumatic brain] BRAIN injury services coordinating coun-
cil. 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, A REPRESENTATIVE OF
THE BRAIN INJURY ASSOCIATION OF NEW YORK STATE, A REPRESENTATIVE OF THE
PROTECTION AND ADVOCACY ENTITY IN THIS STATE 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 demon-
strated expertise and interest in [traumatic] brain injury; two persons
appointed by the speaker of the assembly, 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, 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 [trau-
matic] 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
S. 6575 4
interest in [traumatic] 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. IT SHALL ALSO CONSIDER AND MAKE RECOMMENDATIONS ON THE DEVEL-
OPMENT OF REGULATIONS FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS
ARTICLE AND THE ESTABLISHMENT OF THE OFFICE.
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.
4. (a) Within the [traumatic] brain injury services coordinating coun-
cil there shall be established a concussion management advisory commit-
tee which shall develop recommendations specific to concussion manage-
ment, academic scholarship, and public awareness for submission to the
[traumatic] brain injury services coordinating council for consider-
ation. The committee shall consist of members appointed from the
membership of the [traumatic] brain injury services coordinating council
by a majority vote of the council. Additional committee members may be
appointed by the commissioner and shall have demonstrated experience
with or expertise in one of the following areas: public health expertise
related to mild traumatic brain injuries and concussions, academic
research in the area of MILD traumatic brain injuries and concussion
management, and public awareness experience related to the recognition
of mild traumatic brain injuries and concussions. Committee membership
shall not exceed twelve members. The committee may consult with a member
or members of the public who have demonstrated expertise and interest in
mild traumatic brain injuries and concussions.
(b) The recommendations of the advisory committee shall include, but
not be limited to:
(i) methods to raise public awareness of mild traumatic brain injuries
and concussions;
(ii) the development of outreach services to provide coordinated
information regarding the recognition and management of mild traumatic
brain injuries and concussions; and
(iii) the development of a clearinghouse of academic research and
scientific findings related to the recognition, management, and treat-
ment of mild traumatic injuries and concussions.
S 2. This act shall take effect immediately.