SB439 (2022) Detail

Relative to the brain and spinal cord injury advisory council and community-based support program.


CHAPTER 100

SB 439-FN - FINAL VERSION

 

02/03/2022   0315s

2022 SESSION

22-3007

05/08

 

SENATE BILL 439-FN

 

AN ACT relative to the brain and spinal cord injury advisory council and community-based support program.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. M. Pearson, Rock. 34; Rep. Howard, Belk. 8

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill revises the membership and duties of the brain and spinal cord injury advisory council, repeals the brain and spinal cord injury registry, and modifies the scope of the community-based brain injury support program.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/03/2022   0315s 22-3007

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the brain and spinal cord injury advisory council and community-based support program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

100:1  Brain and Spinal Cord Injuries; Purpose.  Amend RSA 137-K:1 to read as follows:

137-K:1  Purpose.  The purpose of this chapter is to support [injury prevention efforts and to help meet] the needs of individuals who have sustained brain and spinal cord injuries[, who would otherwise be dependent on the public for their care and rehabilitation].

100:2  Advisory Council.  Amend RSA 137-K:2 to read as follows:

137-K:2  Advisory Council.  

I.  There is established the New Hampshire brain and spinal cord injury advisory council in the department.

II.(a)  The advisory council shall consist of the following voting members:

(1)  [Two members] One member of the Spinal Cord Injury Association, appointed by such association.

(2)  [Two members] One member of the Brain Injury Association of New Hampshire, appointed by such association.

(3)  [Two members] One member of the professional community, [one of whom shall be in a neurological specialty,] appointed by the governor.

(4)  [Two] One brain and spinal cord injury [survivors] survivor, appointed by the governor.

(5)  [Two family members of victims of brain and spinal cord injuries] One family member or caregiver, appointed by the governor.

(6)  [One member involved in injury prevention, appointed by the commissioner of the department of health and human services.

(7)]  One member of the house of representatives, appointed by the speaker of the house of representatives.

[(8)] (7)  One member of the senate, appointed by the senate president.

[(9)] (8)  One vocational rehabilitation instructor, appointed by the commissioner of the department of education.

[(10)  One educator, appointed by the commissioner of the department of education.]

(b)  The following persons or their designees shall serve as ex-officio, non-voting members of the council:

(1)  The commissioner of the department of health and human services [and any division administrators of the department of health and human services designated by the commissioner].

(2)  [The chief of the special education bureau of the department of education.

(3)]  The administrator of the division of vocational rehabilitation services of the department of education.

[(4)] (3)  The president or executive director of the Brain Injury Association of New Hampshire.

[(5)  The president or executive director, New Hampshire chapter of the National Spinal Cord Injury Association.

(6)] (4)  The administrator of brain injury services, division of developmental services, department of health and human services.  

[(7)  The administrator of the HCBC/ECI waiver, division of elderly and adult services, department of health and human services.

(8)] (5)  The president or executive director of Granite State Independent Living.

[(9)  The president or executive director of the New Hampshire Developmental Disabilities Council.  

(10)] (6)  Representatives of other related agencies or organizations as approved by the council.

III.  [Members should be appointed with consideration given to statewide geographic representation.

IV.]  Advisory council appointments shall be for 3 years.  Terms shall be staggered so that 1/3 of the positions are elected each year.  Upon the completion of 2 consecutive 3-year terms, a council member shall be ineligible to serve on the council for one year.  A vacancy shall be filled in the same manner as the original appointment.  Such appointment shall complete the original member's term.

[V.] IV.  The advisory council shall have the authority to draft and adopt by-laws addressing concerns such as attendance, presentations, and notice of council meetings.

[VI.] V.  The advisory council shall meet at least quarterly.  At the last meeting of the state fiscal year, the regular meetings of the following state fiscal year shall be scheduled.  Special meetings may be held if necessary at the call of the advisory council chair.

[VII.] VI.  The advisory council shall:

(a)  Identify unmet needs which should be considered for support.

(b)  Investigate the needs of citizens with brain and spinal cord injuries, identifying the gaps in services to these citizens, and issue an annual report to the governor, the speaker of the house, the senate president, and the commissioner of health and human services by [November] October 1 of each year.

(c)  [Recommend to the commissioner priorities and criteria for disbursement of any moneys received under paragraph VIII.

(d)]  Hold at least 2 public hearings annually, in different regions of the state, to generate input from the public on unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries, for inclusion in the advisory council's annual report.

[(e)] (d) Consider the feasibility of establishing a brain and spinal cord injury trust fund.

[(f)] (e)  Review the status of the brain injury program, established under RSA 137-K:9, and recommend to the commissioner priorities [and criteria for disbursement of appropriations available to the program] for new programs and services to address the unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries.

[VIII.  The advisory council is authorized to solicit and receive any gifts, grants, or donations made for the purposes of this chapter, and the commissioner may disburse and administer the same for the purposes of this chapter.]

100:3  Rulemaking.  Amend RSA 137-K:3, I to read as follows:

I.  Direct assistance, service coordination, family support activities for individuals with serious brain or spinal cord injuries and their families[, and injury prevention activities which may be supported by any grants received under this chapter].

100:4  Duties.  RSA 137-K:4 is repealed and reenacted to read as follows:

137-K:4  Duties.  The commissioner shall monitor the morbidity and mortality of brain and spinal cord injuries.

100:5  Brain Injury Program Established.  RSA 137-K:9 is repealed and reenacted to read as follows:

137-K:9  Brain Injury Program Established.  There shall be established by the department a brain injury support program in partnership with family and survivor-directed statewide brain injury organizations dedicated to brain injury in children and adults, who often do not qualify for Medicaid services.  Core brain injury supports shall include, but not be limited to, neuro-resource facilitation to connect individuals to care for the life-long chronic phase of brain injury, a linked state-national helpline for information and resource assistance, a statewide brain injury support group network, outreach to the newly injured, family caregiver training, an annual state brain injury conference, administrative support for the state advisory council, emergency financial assistance for survivors and families, and assistance for brain injury survivors living with co-occurring neuro-behavioral disorders in accessing community-based services.    

100:6  Repeal.  The following are repealed:

I.  RSA 137-K:1-a, IV, relative to the definition of prevention services.

II.  RSA 137-K:3, III, relative to grant disbursement rules.

III.  RSA 137-K:5, relative to the brain and spinal cord injury registry.

IV.  RSA 137-K:6, relative to registry reporting requirements.

V.  RSA 137-K:7, relative to disclosure and confidentiality of registry information.

VI.  RSA 137-K:8, relative to maintenance of registry reports.

100:7  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 20, 2022

Effective Date: July 19, 2022

 

 

Links

SB439 at GenCourtMobile

Action Dates

Date Body Type
Jan. 26, 2022 Senate Hearing
Feb. 3, 2022 Senate Floor Vote
April 5, 2022 House Hearing
April 5, 2022 House Exec Session
House Floor Vote

Bill Text Revisions

SB439 Revision: 36516 Date: May 24, 2022, 8:21 a.m.
SB439 Revision: 35810 Date: April 21, 2022, 1:30 p.m.
SB439 Revision: 34807 Date: Feb. 3, 2022, 1:54 p.m.
SB439 Revision: 34729 Date: Jan. 26, 2022, 2:43 p.m.
SB439 Revision: 34622 Date: Dec. 30, 2021, 2:28 p.m.

Docket


May 24, 2022: Signed by the Governor on 05/20/2022; Chapter 0100; Effective 07/19/2022


May 13, 2022: Enrolled (in recess of) 05/12/2022


May 13, 2022: Enrolled Adopted, VV, (In recess 05/12/2022); SJ 13


May 13, 2022: Enrolled (in recess of) 05/12/2022


May 13, 2022: Enrolled Adopted, VV, (In recess 05/12/2022); SJ 13


April 21, 2022: Ought to Pass: MA VV 04/21/2022 HJ 10


April 11, 2022: Committee Report: Ought to Pass (Vote 18-0; CC) HC 15 P. 10


April 8, 2022: Executive Session: 04/05/2022 10:00 am LOB 205-207


March 29, 2022: Public Hearing: 04/05/2022 02:15 pm LOB 205-207


March 23, 2022: Introduced 03/17/2022 and referred to Health, Human Services and Elderly Affairs


Feb. 3, 2022: Ought to Pass with Amendment 2022-0315s, MA, VV; OT3rdg; 02/03/2022; SJ 2


Feb. 3, 2022: Committee Amendment # 2022-0315s, AA, VV; 02/03/2022; SJ 2


Jan. 27, 2022: Committee Report: Ought to Pass with Amendment # 2022-0315s, 02/03/2022; Vote 5-0; CC; SC 5


Jan. 6, 2022: Hearing: 01/26/2022, Room 101, LOB, 10:15 am; SC 2


Dec. 30, 2021: To Be Introduced 01/05/2022 and Referred to Health and Human Services; SJ 1