Directs the commissioner of health and the commissioner of the office for people with developmental disabilities to conduct a study of the delivery of services to individuals with traumatic brain injury.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7215
SPONSOR: McDonald TITLE OF BILL:
An act in relation to directing the commissioner of health and the
commissioner of the office for people with developmental disabilities to
conduct a study of the delivery of services to individuals with traumat-
ic brain injury
PURPOSE:
This bill instructs the Department of Health and the Office for People
with Developmental Disabilities to conduct a study into the accessibil-
ity, affordability, and delivery of services to individuals with trau-
matic brain injury.
SUMMARY OF PROVISIONS:
Section 1: Legislative intent.
Section 2: Directs the Commissioners of the Department of Health and the
Office for People with Developmental Disabilities to conduct a study on
the delivery of services to individuals with traumatic brain injury.
Section 3: Effective Date.
JUSTIFICATION:
A traumatic brain injury (TBI) results from a sudden blow or jolt to the
head and can present in individuals with a wide range of mild, moderate,
or severe symptoms. Each traumatic brain injury case is unique and
complex, often requiring supports and services to allow individuals to
achieve the highest quality of life. This legislation will direct a
study on the delivery of services to New Yorkers with traumatic brain
injury. Specifically, the study will evaluate the availability and
accessibility of quality services, emerging trends, regional dispari-
ties, and the effectiveness of the administrative process for individ-
uals with traumatic brain injury to receive official approvals or
denials of services. Furthermore, the commissioners of the Department of
Health and the Office for People with Developmental Disabilities should
make suggestions to enhance New York State's response to traumatic brain
injury.
LEGISLATIVE HISTORY:
2020-21: A.8641 (Gottfried)/S.7356-A (Hinchey)
FISCAL:
Minimal cost to the Department of Health
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7215
2023-2024 Regular Sessions
IN ASSEMBLY
May 15, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT in relation to directing the commissioner of health and the
commissioner of the office for people with developmental disabilities
to conduct a study of the delivery of services to individuals with
traumatic brain injury
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature recognizes that a trau-
2 matic brain injury results from a sudden blow or jolt to the head and
3 can present in individuals with a wide range of mild, moderate or severe
4 symptoms. Each traumatic brain injury case is unique and complex, often
5 requiring supports and services to allow individuals to achieve the
6 highest quality of life. This legislation will direct a study on the
7 delivery of services to New Yorkers with traumatic brain injury. Specif-
8 ically, the study will evaluate the availability and accessibility of
9 quality services, emerging trends, regional disparities, and the effec-
10 tiveness of the administrative process for individuals with traumatic
11 brain injury who receive official approvals or denials of services.
12 Furthermore, the commissioner of health and the commissioner of the
13 office for people with developmental disabilities should make
14 suggestions to enhance New York state's response to traumatic brain
15 injuries based on the findings of this study.
16 § 2. a. The commissioner of health and the commissioner of the office
17 for people with developmental disabilities shall conduct a study on the
18 delivery of services provided to individuals diagnosed with traumatic
19 brain injury. Such services to be studied shall include, but not be
20 limited to acute and sub-acute rehabilitation, counseling and behavioral
21 services, home care services, independent living skills training, envi-
22 ronmental modifications, housing opportunities, and any services or
23 programs specific to traumatic brain injury or that serve individuals
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05372-01-3
A. 7215 2
1 with traumatic brain injury. In conducting the study, the commissioners
2 shall consult with people with traumatic brain injury and their fami-
3 lies, organizations representing such people, and providers of health
4 care and other services to people with traumatic brain injury.
5 b. The study shall examine the availability and accessibility of
6 services for individuals diagnosed with traumatic brain injury, the cost
7 of receiving such services, and any disparities that may exist in the
8 regional availability of services.
9 c. The study shall identify emerging trends in traumatic brain injury,
10 including changes in incidences, changes in the needs of individuals
11 with traumatic brain injury, and assess the training service providers
12 receive relating to traumatic brain injury.
13 d. The study shall also examine the difference in services availabili-
14 ty and outcomes for individuals that may be enrolled in any Medicaid
15 waiver.
16 e. The study shall examine the efficiency of the administrative proc-
17 esses that provide individuals with traumatic brain injury official
18 approvals or denials of service.
19 f. The commissioner of health and the commissioner of the office for
20 people with developmental disabilities shall make recommendations to
21 improve the delivery, quality, accessibility, and cost of the full range
22 of services available to individuals with traumatic brain injury.
23 g. The commissioner of health and the commissioner of the office for
24 people with developmental disabilities shall report and publish on the
25 department of health's website, and transmit such commissioners' find-
26 ings and recommendations to the governor, the speaker of the assembly,
27 the minority leader of the assembly, the temporary president of the
28 senate and the minority leader of the senate on or before one year from
29 the date this act shall take effect.
30 § 3. This act shall take effect immediately.
