Chapter 363

2006 -- S 2604 SUBSTITUTE A AS AMENDED

Enacted 07/07/06

A N A C T

RELATING TO HUMAN SERVICES -- TRAUMATIC BRAIN INJURIES

Introduced By: Senators Blais, Breene, and Algiere

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-12-19, 42-12-20 and 42-12-21 of the General Laws in Chapter

42-12 entitled "Department of Human Services" are hereby amended to read as follows:

42-12-19. Permanent advisory commission on traumatic brain injuries --

Commission established. -- (a) There is hereby established a permanent advisory commission on

traumatic brain injuries.

      (b) The purpose of the commission shall be to report on all matters relating to traumatic

brain injury in Rhode Island.:

(1) Report on all matters relating to traumatic brain injury in Rhode Island to the

governor and the general assembly.

(2) Advise the department of human services, the department of mental health,

retardation and hospitals, and the department of health regarding the development of priorities

and criteria for disbursement of moneys in response to both individual requests and grant-seeking

entities from the traumatic brain injury fund. Such priorities and criteria shall be in accordance

with the expenditure guidelines set forth in section 42-12-28 of this chapter.

(3) Advise the department of human services, the department of mental health,

retardation and hospitals, and the department of health on all matters regarding traumatic brain

injury.

      (c) The commission shall consist of eleven (11) nineteen (19) members who shall serve

staggered terms of one, two (2) and three (3) years. They shall meet not less than two (2) four (4)

times a year and report their findings annually to the governor and forward copies to the president

of the senate and speaker of the house of representatives general assembly. The members of the

commission shall serve without compensation. The commissioners may shall elect their own

officers on a biennial basis.

      (d) The membership of the commission shall be as follows: the director of the

department of mental health, retardation and hospitals or his or her designee; the director of the

department of health or his or her designee; the director of the department of human services or

his or her designee; the director of the department of education or his or her designee, all of

whom shall serve ex-officio; the chief of neurosurgery at Rhode Island hospital or his or her

designee; two (2) members of the Rhode Island chapter of the national head injury foundation;

the president and executive director or two (2) designees of the brain injury association of Rhode

Island; the director of the Rhode Island disability law center or his or her designee; the governor

or his or her designee; a person appointed by the governor; the president of the senate or his or

her designee; and the speaker of the house or his or her designee. and ten (10) persons appointed

by the governor as follows: two (2) persons who are unrelated, one of whom must have a

traumatic brain injury, and one of whom may be an immediate family member of an individual

with a traumatic brain injury; one person who is a neurologist; one person who is a psychiatrist;

one person who is a neuropsychologist; one person who is a cognitive rehabilitation specialist;

one of whom is a traumatic brain injury case manager; one of whom is a physical therapist or

occupational therapist; one of whom is a representative of a post-acute rehabilitation facility; and

one person who is a community-based service provider.

      (e) The first meeting of the members of the commission shall be called to order by the

governor or his or her designee within ninety (90) days of June 25, 1986. the effective date of this

act. Of the ten (10) members appointed by the governor, three (3) shall serve a term of one year,

three (3) shall serve a term of two (2) years, and four (4) shall serve a term of three (3) years.

Upon expiration of the initial term, commission members shall serve terms of three (3) years.

The initial terms of commission members shall be determined by lot.

42-12-20. Responsibility of director -- Traumatic brain injury. -- It shall be the

responsibility of the director of the department of human services to provide rehabilitative

services for persons suffering from with traumatic brain injury. including the development of

instate comprehensive community-based services.

The department of human services, in consultation with the permanent advisory

commission on traumatic brain injuries, shall promulgate such rules and regulations in

accordance with the Administrative Procedures Act, chapter 35 of title 42, as are necessary and

proper to ensure responsible management and operation of section 42-12-30.

42-12-21. "Traumatic brain injury" defined. -- As used in this chapter, "traumatic

brain injury" means an injury to the skull, the brain contents or its coverings, not of a

degenerative or congenital nature, which may or may not produce an altered state of

consciousness or result in temporary or permanent anatomic decrease of mental, cognitive,

behavioral or physical functioning which causes partial or total disability.

     SECTION 2. Chapter 42-12 of the General Laws entitled "Department of Human

Services" is hereby amended by adding thereto the following section:

42-12-30. Expenditures under the traumatic brain injury program. – Expenditures of

the assessments under the traumatic brain injury program shall be for the following purposes:

(a) as the payor of last resort for individuals who have exhausted all other health or

rehabilitation benefit funding services for services covered under this section.

(b) services including, but not limited to: case management; cognitive rehabilitation;

transitional living; structured day programs; assistive technology services; devices and

equipment; transportation; housing; neuropsychological evaluations; behavioral health treatment;

substance abuse treatment; respite; and other services and/or assistance as deemed appropriate by

the commission for individuals with traumatic brain injury to accomplish a successful re-entry

and maintenance in the community.

(c) grants to community-based programs, private providers and municipal governments

for the purpose of expanding or developing services targeted for individuals with brain injuries as

well as for system development and maintenance. Such grants shall be awarded only after

consultation with the commission and pursuant to the criteria developed jointly by that body, the

department of human services, the department of health and the department of mental health,

retardation and hospitals.

(d) funding for public information and prevention education and for the continuation of

the resource center coordinated by the brain injury association of Rhode Island.

     SECTION 3. This act shall take effect upon passage.

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LC00276/SUB A

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