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

BILL NUMBER:S4970A

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 S 2742, 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

New Bill

Fiscal implications

Minimal

Effective date

This act shall take effect immediately