S T A T E   O F   N E W   Y O R K
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                                  5148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10936-01-3
              

S. 5148                             2

  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

S. 5148                             3

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.

S. 5148                             4

  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.