HB 328: "An Act establishing a traumatic or acquired brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic or acquired brain injury services."
00 HOUSE BILL NO. 328 01 "An Act establishing a traumatic or acquired brain injury program and registry within 02 the Department of Health and Social Services; and relating to medical assistance 03 coverage for traumatic or acquired brain injury services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.15.360(a) is amended to read: 06 (a) The department is authorized to collect, analyze, and maintain databases of 07 information related to 08 (1) risk factors identified for conditions of public health importance; 09 (2) morbidity and mortality rates for conditions of public health 10 importance; 11 (3) community indicators relevant to conditions of public health 12 importance; [AND] 13 (4) longitudinal data on traumatic or acquired brain injury from 14 the registry established under AS 47.80.500(c)(1); and
01 (5) any other data needed to accomplish or further the mission or goals 02 of public health or provide essential public health services and functions. 03 * Sec. 2. AS 47.07.030(b) is amended to read: 04 (b) In addition to the mandatory services specified in (a) of this section and the 05 services provided under (d) of this section, the department may offer only the 06 following optional services: case management services for traumatic or acquired 07 brain injury; case management and nutrition services for pregnant women; personal 08 care services in a recipient's home; emergency hospital services; long-term care 09 noninstitutional services; medical supplies and equipment; advanced nurse practitioner 10 services; clinic services; rehabilitative services for children eligible for services under 11 AS 47.07.063, substance abusers, and emotionally disturbed or chronically mentally ill 12 adults; targeted case management services; inpatient psychiatric facility services for 13 individuals age 65 or older and individuals under age 21; psychologists' services; 14 clinical social workers' services; midwife services; prescribed drugs; physical therapy; 15 occupational therapy; chiropractic services; low-dose mammography screening, as 16 defined in AS 21.42.375(e); hospice care; treatment of speech, hearing, and language 17 disorders; adult dental services; prosthetic devices and eyeglasses; optometrists' 18 services; intermediate care facility services, including intermediate care facility 19 services for the mentally retarded; skilled nursing facility services for individuals 20 under age 21; and reasonable transportation to and from the point of medical care. 21 * Sec. 3. AS 47.07.030 is amended by adding a new subsection to read: 22 (e) In this section, 23 (1) "case management services for traumatic or acquired brain injury" 24 means 25 (A) care and service coordination to assist individuals and 26 families affected by traumatic or acquired brain injury to minimize the 27 disabling effects of the injury; 28 (B) collaboration with providers and other organizations to 29 expand and strengthen the local capacity for delivery of needed services, 30 including housing, for the care and support of a recipient who is diagnosed 31 with traumatic or acquired brain injury;
01 (C) participation in planning and accessing services within the 02 community for the care and support of a recipient who is diagnosed with 03 traumatic or acquired brain injury; 04 (D) the provision of information, referral, and case consultation 05 services to a recipient who is diagnosed with traumatic or acquired brain 06 injury; 07 (2) "traumatic or acquired brain injury" has the meaning given in 08 AS 47.80.590. 09 * Sec. 4. AS 47.07 is amended by adding a new section to read: 10 Sec. 47.07.046. Traumatic or acquired brain injury services. (a) The 11 department shall provide traumatic or acquired brain injury services under a waiver in 12 accordance with 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act), this chapter, 13 and regulations adopted under this chapter, if the department has received approval 14 from the federal government and the department has appropriations allocated for the 15 purpose. In addition to the annual assessment required in (b) of this section, the 16 department shall establish in regulation additional standards for eligibility and 17 payment for the services. 18 (b) Before the department may terminate payment for services provided under 19 (a) of this section, the recipient must have had an annual assessment to determine 20 whether the recipient continues to meet the standards established by regulation under 21 (a) of this section. 22 (c) In this section, "traumatic or acquired brain injury" has the meaning given 23 in AS 47.80.590. 24 * Sec. 5. AS 47.80 is amended by adding new sections to read: 25 Article 5A. Traumatic or Acquired Brain Injury. 26 Sec. 47.80.500. Statewide traumatic or acquired brain injury program. (a) 27 A statewide traumatic or acquired brain injury program is established in the 28 department for the purpose of evaluating the effectiveness and availability of 29 information and services for the prevention and treatment of traumatic or acquired 30 brain injury in the state. The department shall consult and collaborate with state 31 agencies, private nonprofit entities, and other organizations in the state that provide
01 brain injury services in implementing all aspects of the program. 02 (b) The program established under this section must include 03 (1) review and consideration of data collected under (c)(1) of this 04 section; 05 (2) supervision and coordination of services provided to persons with 06 traumatic or acquired brain injury; 07 (3) evaluation of standards and laws pertaining to the prevention of 08 traumatic or acquired brain injury and to the treatment, care, and support of persons 09 with traumatic or acquired brain injury; 10 (4) assessment of the availability of acute and long-term treatment, 11 care, and support options in and outside the state for persons with traumatic or 12 acquired brain injury; 13 (5) evaluation of the need for and scope of community services for 14 persons with traumatic or acquired brain injury throughout the state; 15 (6) investigation of the models of service coordination that can be 16 replicated at a local level in the state; 17 (7) coordination and expansion of publicly and privately funded 18 residential and nonresidential acute and long-term services to persons with traumatic 19 or acquired brain injury, including education, referral, and home and community- 20 based services; 21 (8) facilitation of admissions to and discharges from acute and long- 22 term care facilities for the treatment of traumatic or acquired brain injury; 23 (9) identification and description of available treatment and care 24 facilities of all types for persons with traumatic or acquired brain injury based on 25 length of stay, patient capacity, available services, and barriers encountered to 26 community placement after discharge; 27 (10) a plan that describes recommendations for the development of a 28 statewide service delivery continuum of comprehensive rehabilitative, supportive 29 living, and community programs. 30 (c) The department shall 31 (1) establish and implement a traumatic or acquired brain injury
01 registry of information from service providers that includes 02 (A) health status, including age, cause, and severity of injury 03 and region of brain affected; 04 (B) acute recovery period; 05 (C) location of the 06 (i) event that caused the injury; 07 (ii) hospital treating the injury; and 08 (iii) residence of the person with traumatic or acquired 09 brain injury; 10 (D) access to and use of rehabilitation services, including 11 behavioral, vocational, and long-term care services; 12 (E) access to and use of neuropsychological assessment; 13 (F) status of long-term recovery at five-year intervals; 14 (G) financial and social effects on family; 15 (H) cost associated with services; 16 (2) establish standards and recommendations for improvement of 17 prevention, assessment, treatment, and care of persons with traumatic or acquired 18 brain injury in the state; 19 (3) contract with service providers and qualified entities to carry out 20 the purposes of this section; 21 (4) provide a standardized reporting form for use in gathering data for 22 the registry. 23 (d) In (c) of this section, "service provider" means a public or private entity 24 that provides health education, group shelter, or criminal justice services to individuals 25 in the state. 26 Sec. 47.80.590. Definition. In AS 47.80.500 - 47.80.590, "traumatic or 27 acquired brain injury" means an insult from physical force or internal damage to the 28 brain or its coverings, not of a degenerative or congenital nature, that produces an 29 altered mental state and that results in a decrease in cognitive, behavioral, emotional, 30 or physical functioning.