HLS 12RS-586 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 591
BY REPRESENTATIVE SIMON
HEALTH/HEAD INJURIES: Transitions certain functions of the Traumatic Head and
Spinal Cord Injury Trust Fund Advisory Board to DHH
AN ACT1
To amend and reenact R.S. 46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and2
2635(A), (B), and (C) and to enact R.S. 46:2633(F), relative to administration of the3
Traumatic Head and Spinal Cord Injury Trust Fund; to provide for certain duties of4
the Department of Health and Hospitals, office of aging and adult services relative5
to the Traumatic Head and Spinal Cord Injury Trust Fund; to provide for6
composition and certain duties of the Traumatic Head and Spinal Cord Injury Trust7
Fund Advisory Board; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and10
2635(A), (B), and (C) are hereby amended and reenacted and R.S. 46:2633(F) is hereby11
enacted to read as follows: 12
§2633. Traumatic Head and Spinal Cord Injury Trust Fund13
* * *14
D.(1) The monies in the fund shall be used solely for programs designed to15
provide services to Louisiana citizens disabled by traumatic head and spinal cord16
injuries, for the administrative costs of the programs, reimbursement of travel17
expenses of members of the Traumatic Head and Spinal Cord Injury Trust Fund18
Advisory Board which are incurred in the discharge of their duties, and as provided19
in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the20 HLS 12RS-586 ORIGINAL
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department each year shall be made as determined by the board department. In1
determining disbursement of monies in the fund, the department may take into2
account any recommendations of the board.3
(2) The board department may authorize disbursement of an amount not to4
exceed fifty thousand dollars per year for the establishment and operation of an5
information resource center.6
(3) Money in the fund may be used to match available federal funding in7
order to provide enhanced or expanded services to persons eligible for benefits8
pursuant to the provisions of this Chapter; provided, however, that money be retained9
in the fund to provide payment for services for persons who are not eligible for10
services through federally funded sources.11
E. The board department shall:12
(1) determine Determine the eligibility of programs to receive funding ,.13
(2) Promulgate the rules and regulations necessary to implement the14
provisions of this Chapter.15
(3) Establish priorities and criteria for disbursement of the fund and act to16
obtain maximum benefits available.17
(4) Investigate the needs of the head-injured and spinal cord-injured, identify18
any gaps in services, and prepare and submit an annual report with recommendations19
to the legislature and the governor sixty days prior to each regular session of the20
legislature.21
(5) Monitor, evaluate, and review the development and quality of services22
and programs funded through the fund.23
(6) Arrange for full and accurate financial records to be maintained in24
compliance with law and shall make a full and complete report to the board annually.25
The department is specifically prohibited from publishing newsletters or other26
publications typically used in mass mailings.27 HLS 12RS-586 ORIGINAL
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F. and the administration Administration of the fund shall be exercised by1
the Department of Health and Hospitals, office of aging and adult services, in2
accordance with the provisions of this Chapter.3
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;4
creation; membership5
* * *6
B. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board7
shall be composed of thirteen members as follows:8
* * *9
(2) The executive director of the Louisiana Head Injury Foundation or his10
designee president of the Louisiana Physical Therapy Association or his designee.11
(3) The executive director of the Louisiana Spinal Cord Injury Association12
or his designee president of the Louisiana Occupational Therapy Association or his13
designee.14
* * *15
(13) The president of the Louisiana Dental Association or his designee16
director of Louisiana Rehabilitation Services within the Louisiana Workforce17
Commission.18
* * *19
D.(1) The board shall meet and organize immediately after appointment of20
its members and shall elect a chairman and a treasurer from its membership and21
other officers it might deem appropriate. The board shall adopt rules for the orderly22
transaction of business and shall keep a record of its resolutions, transactions,23
findings, and determinations. A majority of the individuals appointed to the board24
shall constitute a quorum. Members shall serve without compensation but shall be25
reimbursed for travel expenses necessarily incurred in the discharge of their duties26
at the rate provided state employees.27
(2) The treasurer shall arrange for full and accurate financial records to be28
maintained in compliance with law and shall make a full and complete report to the29 HLS 12RS-586 ORIGINAL
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board annually. The board is specifically prohibited from publishing newsletters or1
other publications typically used in mass mailings.2
* * *3
H. The board shall: serve in an advisory capacity to the office of aging and4
adult services of the department in all phases of administration by the department of5
the Traumatic Head and Spinal Cord Injury Trust Fund.6
(1) Promulgate the rules and regulations necessary to implement the7
provisions of this Chapter.8
(2) Establish priorities and criteria for disbursement of the fund and act to9
obtain maximum benefits available.10
(3) Investigate the needs of the head-injured and spinal cord-injured, identify11
any gaps in services, and prepare and submit an annual report with recommendations12
to the legislature and the governor sixty days prior to each regular session of the13
legislature.14
(4) Monitor, evaluate, and review the development and quality of services15
and programs funded through the fund.16
* * *17
§2635. Expenditures18
A. Except as provided in R.S. 46:2633(D)(2), money in the trust fund shall19
be distributed for the sole purpose of funding the cost of care or supportive services20
for traumatic head and spinal cord injury, including the administrative costs. The21
fund shall be considered as a source of last resort after private and governmental22
sources have been expended for Louisiana citizens.23
B. Authorization of expenditures for spinal cord injury care and head injury24
care shall be made by the office of aging and adult services, within the Department25
of Health and Hospitals, according to criteria established by the board department26
through administrative rule.27
C. Expenditures may include but are not limited to post-acute medical care28
rehabilitation, therapies, medication, attendant care, home or vehicle accessibility29 HLS 12RS-586 ORIGINAL
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modifications, and equipment necessary for activities of daily living., provided that1
such expenses are related to the spinal cord injury or traumatic head injury.2
* * *3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 591
Abstract: Transitions certain functions of the Traumatic Head and Spinal Cord Injury Trust
Fund Advisory Board to DHH
Present law creates a special fund in the state treasury known as the Traumatic Head and
Spinal Cord Injury Trust Fund, and provides for an account for the monies of such fund
within the DHH office of aging and adult services.
Present law creates and provides for the composition and duties of the Traumatic Head and
Spinal Cord Injury Trust Fund Advisory Board (board)within the DHH office of aging and
adult services.
Present law provides that disbursement of monies from the fund shall be made as determined
by the board. Proposed law revises present law to provide that such disbursement of monies
be made as determined by DHH, taking into account any recommendations by the board.
Proposed law provides that money in the Traumatic Head and Spinal Cord Injury Trust Fund
may be used to match available federal funding in order to provide enhanced or expanded
services to eligible persons; provided, however, that money be retained in the fund to
provide payment for services for persons who are not eligible for services through federally
funded sources.
Proposed law removes authority for the following duties from the board and provides such
authority to DHH:
(1)Determining eligibility of programs to receive funding.
(2)Promulgating rules and regulations necessary to implement the provisions of present
law and proposed law.
(3)Establishing priorities and criteria for disbursement of the fund and acting to obtain
maximum benefits available. HLS 12RS-586 ORIGINAL
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(4)Investigating the needs of the head-injured and spinal cord-injured, identifying any
gaps in services, and preparing and submitting an annual report with
recommendations to the legislature and the governor sixty days prior to each regular
session of the legislature.
(5)Monitoring, evaluating, and reviewing the development and quality of services and
programs funded through the fund.
(6)Arranging for full and accurate financial records to be maintained in compliance with
law and making a full and complete report to the board annually.
Present law provides for composition of the thirteen-member board.
Proposed law removes the following members from the board:
(1)The executive director of the La. Head Injury Foundation or his designee.
(2)The executive director of the La. Spinal Cord Injury Association or his designee.
(3)The president of the La. Dental Association or his designee.
Proposed law adds the following members to the board:
(1)The president of the La. Physical Therapy Association or his designee.
(2)The president of the La. Occupational Therapy Association or his designee.
(3)The director of La. Rehabilitation Services within the La. Workforce Commission.
Proposed law deletes requirement of present law that the board elect a treasurer from its
membership.
Proposed law provides that the board shall serve in an advisory capacity to DHH in all
phases of administration by the department of the Traumatic Head and Spinal Cord Injury
Trust Fund.
Present law provides that authorized expenditures for spinal cord injury care and head injury
care may include but are not limited to post-acute medical care rehabilitation, therapies,
medication, attendant care, and equipment necessary for activities of daily living. Proposed
law retains present law and provides that authorized expenditures may also include home or
vehicle accessibility modifications.
Proposed law provides that equipment necessary for activities of daily living must be related
to the spinal cord injury or traumatic head injury in order to qualify as an authorized
expenditure from the fund.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and 2635(A), (B),
and (C); Adds R.S. 46:2633(F))