N.Y. Public Health Law § 2744: The traumatic brain injury services coordinating council

§ 2744. The traumatic brain injury services coordinating council. 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 the office for people

with developmental disabilities, the office 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 and the commission on quality of care for the mentally

disabled. 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 demonstrated 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 traumatic 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 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. (a) The council shall be charged with recommending to the

department long range objectives, goals and priorities. It shall also

provide advice on the planning, coordination and development of needed

services. In making such recommendations, the council shall consider:

(i) the availability and accessibility of services for individuals

diagnosed with traumatic brain injury, the cost of receiving such

services, and any disparities that may exist in the regional

availability of services;

(ii) emerging trends in traumatic brain injury, including changes in

incidences, changes in the needs of individuals with traumatic brain

injury, and assess the training service providers receive relating to

traumatic brain injury;

(iii) the difference in services availability and outcomes for

individuals that may be enrolled in any Medicaid waiver; and

(iv) the efficiency of the administrative processes that provide

individuals with traumatic brain injury official approvals or denials of

service.

(b) The council shall post the recommendations developed pursuant to

paragraph (a) of this subdivision on the department's website on or

before one year from the date this paragraph shall take effect and

annually thereafter.

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, subject to the

approval of the commissioner.

4. (a) Within the traumatic brain injury services coordinating council

there shall be established a concussion management advisory committee

which shall develop recommendations specific to concussion management,

academic scholarship, and public awareness for submission to the

traumatic brain injury services coordinating council for consideration.

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 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

treatment of mild traumatic injuries and concussions.