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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. 36:259(T), 802(introductory paragraph), and 901(A), R.S.2
46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and 2635(A), (B), and (C)3
and to enact R.S. 46:2633(F), relative to administration of the Traumatic Head and4
Spinal Cord Injury Trust Fund; to provide for certain duties of the Department of5
Health and Hospitals, office of aging and adult services relative to the Traumatic6
Head and Spinal Cord Injury Trust Fund; to provide for composition and certain7
duties of the Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;8
to provide for the advisory capacity of the Traumatic Head and Spinal Cord Injury9
Trust Fund Advisory Board within the Department of Health and Hospitals; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 36:259(T), 802(introductory paragraph), and 901(A) are hereby13
amended and reenacted to read as follows:14
§259. Transfer of agencies and functions to Department of Health and Hospitals15
* * *16
T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board17
(R.S. 46:2631 through 2635) is hereby placed within the Department of Health and18
Hospitals and shall exercise and perform its powers, duties, functions, and19 HLS 12RS-586 REENGROSSED
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responsibilities in the manner provided for agencies transferred in accordance with1
the provisions of R.S. 36:802 R.S. 36:901 et seq.2
* * *3
§802. Transfer; retention of policymaking and rulemaking functions4
The agencies transferred by the provisions of R.S. 36:209(Q), 239(E),5
259(B), 259(T), 309(B), 359(B), 409(C), 459(B), 509(B), 610(B), 629(I), and 769(C)6
shall continue to be composed and selected as provided by law, and each shall7
continue to exercise all of the powers, duties, functions, and responsibilities provided8
or authorized for each by the constitution or laws which are in the nature of9
policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and10
also shall continue to exercise all advisory powers, duties, functions, and11
responsibilities provided by law. Such powers, duties, functions, and responsibilities12
shall be exercised independently of the secretary and any assistant secretary, except13
that:14
* * *15
§901. Transfer; merger and consolidation of functions; advisory agency16
A. The functions, powers, duties, responsibilities, programs, and operations17
of each of the agencies transferred by the provisions of R.S. 36:109(D), R.S.18
36:209(C), R.S. 36:209(M)(2), R.S. 36:259(D), R.S. 36:259(T), R.S. 36:309(C), R.S.19
36:359(C), R.S. 36:409(E), R.S. 36:509(E) and (N), R.S. 36:559(D), R.S. 36:629(Q),20
R.S. 36:651(G), and R.S. 36:744(D) on the date of each such transfer shall vest in21
and thereafter be the responsibility of the secretary of the department to which the22
transfer is made and shall be administered by the secretary in accordance with the23
powers vested in him by this Title and the applicable laws pertaining to each agency,24
except for those functions of each which are required to be performed and25
administered by the undersecretary of the department as heretofore provided for each26
by this Title. Each agency thus transferred shall continue in existence, the members27
thereof shall continue in office and hereafter shall be selected in the manner provided28
by law for each, and each agency hereafter shall serve solely in an advisory capacity29 HLS 12RS-586 REENGROSSED
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to the secretary with respect to policies concerning matters within the purview of1
each as originally created.2
* * *3
Section 2. R.S. 46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and4
2635(A), (B), and (C) are hereby amended and reenacted and R.S. 46:2633(F) is hereby5
enacted to read as follows: 6
§2633. Traumatic Head and Spinal Cord Injury Trust Fund7
* * *8
D.(1) The monies in the fund shall be used solely for programs designed to9
provide services to Louisiana citizens disabled by traumatic head and spinal cord10
injuries, for the administrative costs of the programs, reimbursement of travel11
expenses of members of the Traumatic Head and Spinal Cord Injury Trust Fund12
Advisory Board which are incurred in the discharge of their duties, and as provided13
in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the14
department each year shall be made as determined by the board department. In15
determining disbursement of monies in the fund, the department shall take into16
account any recommendations of the board.17
(2) The board department may authorize disbursement of an amount not to18
exceed fifty thousand dollars per year for the establishment and operation of an19
information resource center.20
(3) Money in the fund may be used to match available federal funding in21
order to provide enhanced or expanded services to persons eligible for benefits22
pursuant to the provisions of this Chapter. However, sufficient money shall be23
retained in the fund to provide payment for services for persons who are not eligible24
for services through federally funded sources.25
E. The board department shall:26
(1) determine Determine the eligibility of programs to receive funding ,.27
(2) Promulgate the rules and regulations necessary to implement the28
provisions of this Chapter.29 HLS 12RS-586 REENGROSSED
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(3) Establish priorities and criteria for disbursement of the fund and act to1
obtain maximum benefits available.2
(4) Investigate the needs of the head-injured and spinal cord-injured, identify3
any gaps in services, and prepare and submit an annual report with recommendations4
to the legislature and the governor sixty days prior to each regular session of the5
legislature.6
(5) Monitor, evaluate, and review the development and quality of services7
and programs funded through the fund.8
(6) Arrange for full and accurate financial records to be maintained in9
compliance with law and shall make a full and complete report to the board10
quarterly. The department is specifically prohibited from publishing newsletters or11
other publications typically used in mass mailings.12
F. and the administration Administration of the fund shall be exercised by13
the Department of Health and Hospitals, office of aging and adult services, in14
accordance with the provisions of this Chapter.15
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;16
creation; membership17
* * *18
B. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board19
shall be composed of thirteen members as follows:20
* * *21
(2) The executive director of the Louisiana Head Injury Foundation or his22
designee A representative of an organization recognized for its work in advocacy23
programs for persons with traumatic head injury, appointed by the governor from a24
list of names submitted by such organization.25
(3) The executive director of the Louisiana Spinal Cord Injury Association26
or his designee A representative of an organization recognized for its work in27 HLS 12RS-586 REENGROSSED
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advocacy programs for persons with spinal cord injury, appointed by the governor1
from a list of names submitted by such organization.2
* * *3
(13) The president of the Louisiana Dental Association or his designee4
director of Louisiana Rehabilitation Services within the Louisiana Workforce5
Commission.6
* * *7
D.(1) The board shall meet and organize immediately after appointment of8
its members and shall elect a chairman and a treasurer from its membership and9
other officers it might deem appropriate. The board shall adopt rules for the orderly10
transaction of business and shall keep a record of its resolutions, transactions,11
findings, and determinations. A majority of the individuals appointed to the board12
shall constitute a quorum. Members shall serve without compensation but shall be13
reimbursed for travel expenses necessarily incurred in the discharge of their duties14
at the rate provided state employees.15
(2) The treasurer shall arrange for full and accurate financial records to be16
maintained in compliance with law and shall make a full and complete report to the17
board annually. The board is specifically prohibited from publishing newsletters or18
other publications typically used in mass mailings.19
* * *20
H. The board shall: serve in an advisory capacity to the office of aging and21
adult services of the department in all phases of administration by the department of22
the Traumatic Head and Spinal Cord Injury Trust Fund.23
(1) Promulgate the rules and regulations necessary to implement the24
provisions of this Chapter.25
(2) Establish priorities and criteria for disbursement of the fund and act to26
obtain maximum benefits available.27
(3) Investigate the needs of the head-injured and spinal cord-injured, identify28
any gaps in services, and prepare and submit an annual report with recommendations29 HLS 12RS-586 REENGROSSED
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to the legislature and the governor sixty days prior to each regular session of the1
legislature.2
(4) Monitor, evaluate, and review the development and quality of services3
and programs funded through the fund.4
* * *5
§2635. Expenditures6
A. Except as provided in R.S. 46:2633(D)(2), money in the trust fund shall7
be distributed for the sole purpose of funding the cost of care or supportive services8
for traumatic head and spinal cord injury, including the administrative costs9
attributable to services provided by the trust fund program. The fund shall be10
considered as a source of last resort after private and governmental sources have11
been expended for Louisiana citizens.12
B. Authorization of expenditures for spinal cord injury care and head injury13
care shall be made by the office of aging and adult services, within the Department14
of Health and Hospitals, according to criteria established by the board department15
through administrative rule.16
C. Expenditures may include but are not limited to post-acute medical care17
rehabilitation, therapies, medication, attendant care, home or vehicle accessibility18
modifications, and equipment necessary for activities of daily living., provided that19
such expenses are related to the spinal cord injury or traumatic head injury.20
* * *21
Section 3. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 12RS-586 REENGROSSED
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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 the Dept. of Health and Hospitals (DHH).
Present law provides that the Traumatic Head and Spinal Cord Injury Trust Fund Advisory
Board (board) shall have policy and rulemaking functions within DHH. Proposed law
revises present law to provide that the board shall have solely an advisory function within
DHH.
Present law creates a special fund in the state treasury known as the Traumatic Head and
Spinal Cord Injury Trust Fund (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 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 fund may be used to match available federal
funding in order to provide enhanced or expanded services to eligible persons; provided,
however, that sufficient 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.
(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 60 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 quarterly.
Present law provides for composition of the 13-member board.
Proposed law removes the following members from the board: HLS 12RS-586 REENGROSSED
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(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)A representative of an organization recognized for its work in advocacy programs
for persons with traumatic head injury appointed by the governor.
(2)A representative of an organization recognized for its work in advocacy programs
for persons with spinal cord injury appointed by the governor.
(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 deletes present law providing that a majority of the individuals appointed to
the board shall constitute a quorum.
Proposed law provides that the board shall serve in an advisory capacity to DHH in all
phases of administration by the department of the fund.
Proposed law provides that administrative costs funded by the trust fund shall be those which
are attributable to services provided by the trust fund program.
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. 36:259(T), 802 (intro. para.), and 901(A), 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made changes in Title 36 (Organization of Executive Branch of State
Government) as necessary to provide for the advisory function of the Traumatic
Head and Spinal Cord Injury Trust Fund Advisory Board (board) within DHH.
2. Provided that DHH shall take into account any recommendations of the board in
determining disbursement of monies in the Traumatic Head and Spinal Cord
Injury Trust Fund (fund). HLS 12RS-586 REENGROSSED
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3. Specified that sufficient monies be retained in the fund to provide payment for
services for persons who are not eligible for services through federally funded
sources.
4. Changed schedule of DHH's required financial reporting to the board from
annually to quarterly.
5. Deleted the president of the La. Physical Therapy Association or his designee as
a board member and added as a board member a representative of an
organization recognized for its work in advocacy programs for persons with
traumatic head injury appointed by the governor.
6. Deleted the president of the La. Occupational Therapy Association or his
designee as a board member and added as a board member a representative of an
organization recognized for its work in advocacy programs for persons with
spinal cord injury appointed by the governor.
7. Deleted present law providing that a majority of the individuals appointed to the
board shall constitute a quorum.
8. Specified that administrative costs funded by the fund shall be those which are
attributable to services provided by the trust fund program.