NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1016
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to recommendations of
the traumatic brain injury services coordinating council; and to repeal
a chapter of the laws of 2024 directing the commissioner of health and
the commissioner of the office for people with developmental disabili-
ties to conduct a study of the delivery of services to individuals with
traumatic brain injury, as proposed in legislative bills numbers S. 1478
and A. 7215
PURPOSE:
To enhance New York State's response to traumatic brain injury.
SUMMARY OF PROVISIONS:
This bill amends Chapter 642 of the Laws of 2024 by removing the
requirement for the Department of Health to conduct a study on traumatic
brain injuries and requiring the Traumatic Brain Injury Services Coordi-
nating Council to recommendations on certain topics which would be
published on the department's website.
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.
The Traumatic Brain Injury Services Coodinating Council will consider
the factors when making recommendations to the Department of Health
rather than creating a separate study. This bill ensures that the
Department of Health will continue to improve the availability and effi-
cacy of services offered to New Yorkers with traumatic brain injury
without duplicating the ongoing efforts of the Council.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 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, as proposed in legislative bills numbers S. 1478 and A.
7215, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1016
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to recommendations of
the traumatic brain injury services coordinating council; and to
repeal a chapter of the laws of 2024 directing the commissioner of
health and the commissioner of the office for people with develop-
mental disabilities to conduct a study of the delivery of services to
individuals with traumatic brain injury, as proposed in legislative
bills numbers S. 1478 and A. 7215
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. A chapter of the laws of 2024 directing the commissioner of
2 health and the commissioner of the office for people with developmental
3 disabilities to conduct a study of the delivery of services to individ-
4 uals with traumatic brain injury, as proposed in legislative bills
5 numbers S. 1478 and A. 7215, is REPEALED.
6 § 2. Subdivision 2 of section 2744 of the public health law, as added
7 by chapter 196 of the laws of 1994, is amended to read as follows:
8 2. (a) The council shall be charged with recommending to the depart-
9 ment long range objectives, goals and priorities. It shall also provide
10 advice on the planning, coordination and development of needed services.
11 In making such recommendations, the council shall consider:
12 (i) the availability and accessibility of services for individuals
13 diagnosed with traumatic brain injury, the cost of receiving such
14 services, and any disparities that may exist in the regional availabili-
15 ty of services;
16 (ii) emerging trends in traumatic brain injury, including changes in
17 incidences, changes in the needs of individuals with traumatic brain
18 injury, and assess the training service providers receive relating to
19 traumatic brain injury;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02802-01-5
A. 1016 2
1 (iii) the difference in services availability and outcomes for indi-
2 viduals that may be enrolled in any Medicaid waiver; and
3 (iv) the efficiency of the administrative processes that provide indi-
4 viduals with traumatic brain injury official approvals or denials of
5 service.
6 (b) The council shall post the recommendations developed pursuant to
7 paragraph (a) of this subdivision on the department's website on or
8 before one year from the date this paragraph shall take effect and annu-
9 ally thereafter.
10 § 3. This act shall take effect on the same date and in the same
11 manner as a chapter of the laws of 2024 directing the commissioner of
12 health and the commissioner of the office for people with developmental
13 disabilities to conduct a study of the delivery of services to individ-
14 uals with traumatic brain injury, as proposed in legislative bills
15 numbers S. 1478 and A. 7215, takes effect.
