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

                                  9747

                          I N  A S S E M B L Y

                              May 20, 2014
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the state finance law and  the  public  health  law,  in
  relation to the creation of the traumatic brain injury trust fund

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

  Section 1. The state finance law is amended by adding  a  new  section
99-w to read as follows:
  S  99-W.  TRAUMATIC BRAIN INJURY TRUST FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A FUND TO BE KNOWN  AS  THE  TRAUMATIC  BRAIN
INJURY TRUST FUND.
  2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND  PURSUANT  TO  LAW.
ANY  INTEREST  EARNED  BY THE INVESTMENT OF MONEYS IN SUCH FUND SHALL BE
ADDED TO SUCH FUND, BECOME A PART OF SUCH FUND,  AND  BE  USED  FOR  THE
PURPOSE OF SUCH FUND.
  3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY TO QUALIFIED INDIVIDUALS
NOT ELIGIBLE FOR MEDICAID FUNDED, OR OTHERWISE INSURANCE COVERED,  TRAU-
MATIC  BRAIN INJURY PROGRAMS AND SERVICES. SUCH FUND SHALL BE A PAYER OF
LAST RESORT FOR ALL APPLICABLE SUPPORTS AND SERVICES. A QUALIFIED  INDI-
VIDUAL MUST:
  (A)  PROVIDE  MEDICAL  DOCUMENTATION  OF  A TRAUMATIC BRAIN INJURY, AS
DEFINED BY SECTION TWO THOUSAND SEVEN HUNDRED FORTY-ONE  OF  THE  PUBLIC
HEALTH LAW;
  (B)  BE A NEW YORK RESIDENT FOR AT LEAST NINETY CONSECUTIVE DAYS PRIOR
TO APPLICATION DATE; AND
  (C) HAVE LESS THAN ONE HUNDRED THOUSAND DOLLARS IN LIQUID ASSETS.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH. ANNUALLY, PAYMENTS FROM THE FUND SHALL  BE  CAPPED  AT  THREE
THOUSAND  DOLLARS  PER  INDIVIDUAL,  WITH  A LIFETIME CAP OF ONE HUNDRED
THOUSAND DOLLARS PER INDIVIDUAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15171-01-4
              

A. 9747                             2

  S 2. Subdivisions 9 and 10 of section 2742 of the public  health  law,
as  added  by  chapter  196  of  the laws of 1994, are amended and a new
subdivision 11 is added to read as follows:
  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[.]; AND
  11.  TO  ADMINISTER THE TRAUMATIC BRAIN INJURY TRUST FUND, ESTABLISHED
IN SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.