NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9146
SPONSOR: Russell TITLE OF BILL:
An act to amend the public health law, in relation to the services for
individuals with traumatic brain injuries in rural areas
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the participant in and payment for programs that provide
essential services to individuals over the age of twenty one with trau-
matic brain injury, in areas with limited traumatic brain injury service
capacity.
SUMMARY OF SPECIFIC PROVISIONS:
Section one allows individuals over the age of twenty one to be inte-
grated into programs where there is lack of service capacity. These
services include, but are not limited to, medical, housing, vocational,
educational, transportation, social, personal care, family support, day
program, community re-entry, outpatient rehabilitation, and habili-
tation. Funding will be provided by the department of health medicaid
resources.
Section two is the effective date.
JUSTIFICATION:
In several regions in the state, there is limited service capacity to
support individuals with traumatic brain injuries to enable them to
integrate back into society. These individuals deserve access to support
services, even if they live in underserved areas. Many are currently
prevented from utilizing existing services that are provided by similar
programs for individuals whose injuries occurred before the age of twen-
ty one. This legislation would provide authority for programs serving
developmentally disabled individuals to provide services to individuals
with traumatic brain injuries in limited circumstances when there is
limited service capacity and provided the programming is appropriate.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Will take effect on the ninetieth day after it is signed.
STATE OF NEW YORK
________________________________________________________________________
9146
IN ASSEMBLY
January 29, 2016
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the services for
individuals with traumatic brain injuries in rural areas
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2745 to read as follows:
3 § 2745. Counties with limited service capacity. 1. Notwithstanding
4 any law, rule or regulation to the contrary, the commissioner and the
5 commissioner of developmental disabilities shall enter into a cooper-
6 ative agreement to allow the integration of individuals with traumatic
7 brain injury sustained after age twenty-one into programs certified
8 pursuant to article sixteen of the mental hygiene law in counties where
9 there is a lack of appropriate services for individuals with traumatic
10 brain injury.
11 2. Services available to individuals with traumatic brain injury
12 sustained after age twenty-one pursuant to this section shall include,
13 but not be limited to, medical, housing, vocational, educational, trans-
14 portation, social, personal care, family support, day program, community
15 re-entry, outpatient rehabilitation, habilitation and other essential
16 services.
17 3. Funding for services provided under this section shall be provided
18 by department of health Medicaid resources.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law; provided, however, that effective immediately, the
21 addition and/or repeal of any rule or regulation necessary for the
22 implementation of this act on its effective date is authorized and
23 directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13080-01-5
