NY State Senate Bill 2015-S6575

Senate Bill S6575

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.1626 committee discharged and committed to rules
Jan 27, 2016	referred to health

Votes

- Jun 9, 2016 - Floor Vote
  S6575
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  Jun 9, 2016 - Rules Committee Vote
  S6575
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2016
      
      aye (24)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      absent (1)
      
      Bonacic

co-Sponsors

2015-S6575 (ACTIVE) - Details

See Assembly Version of this Bill:: A1437
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd Art 27-CC §§2740 - 2744, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S5148, A9778

2015-S6575 (ACTIVE) - Summary

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

2015-S6575 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6575

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

 PURPOSE OF BILL :

Establishes the office of brain injury, within the department of
health; changes language of law to clarify the focus on brain injury,
not only as result of trauma; adjusts responsibilities and reporting
of Brain Injury Services Coordinating Counsel; and includes focus on
concussion.

 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 Brian
Injury, reporting directly to the Governor's office. It establishes a
requirement that the head and staff of this Office be reflective of
the people they serve and will include licensed and/or credentialed
individuals with substantial experience in brain injury
rehabilitation. Amends the definition of brain injury to adjust focus
from only traumatic injuries. Adds a definition of concussion to the
definition of Traumatic Brain Injury to section S 2741. Adds language
specifying a focus on concussions to S2742, subsections 3, 5, and 7.

Changes the name of the Traumatic Brain Injury Services Coordinating
Counsel to the Brain Injury Services Coordinating Council (BISCC).
Authorizes the BISCC to provide recommendations, long range goals and
objectives to the Governor. Establishes the additional role of
considering and making recommendations in development of regulations
pertaining to the development of the Office of Brain Injury. Creates a
standing member seat on the Brain Injury Services Coordinating Counsel
for a representative of the Brain Injury Association of New York State
and a representative of Disability Rights NY, the Protection and
Advocacy entity for NYS, in Section 2744. Adds subsection 4 to Section
2744 to establish a Concussion management advisory committee to the
Council and describes the goals, tasks, and membership of that
committee.

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)

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 Brain Injury.
The language defining brain injury is adjusted to reflect the variety
of causes, and a specific focus on concussion is added to increase the
response of New York State to the need for attention to this growing
public health issue. To support this effort, specifications are
provided to ensure that the Office reflects the needs of the community
by establishing guidelines for the qualifications of that Office's
head and staff, and that the Brain Injury Services Coordinating
Council can provide input to the creation of regulations pertaining to
that Office. Also, to give the 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. Standing member seats are established
for organizations representing the needs of individuals with brain
injury in New York State.
 PRIOR LEGISLATIVE HISTORY :

2015 - S.4970-A/A.1437A

 FISCAL IMPLICATIONS :

Minimal

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S6575 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S6575

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Sponsored By

John A. DeFrancisco