Texas 2019 - 86th Regular

Texas House Bill HB3669 Compare Versions

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11 86R13771 LED-D
22 By: Guillen H.B. No. 3669
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to services provided to and collection of data regarding
88 individuals with acquired brain injury.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1111 amended by adding Section 531.0982 to read as follows:
1212 Sec. 531.0982. SERVICES FOR INDIVIDUALS WITH ACQUIRED BRAIN
1313 INJURY. (a) In this section:
1414 (1) "Council" means the Texas Brain Injury Advisory
1515 Council established under 1 T.A.C. Section 351.825.
1616 (2) "Office" means the office of acquired brain injury
1717 within the commission.
1818 (b) The commission, in collaboration with the council and
1919 the office, shall periodically review and evaluate:
2020 (1) acquired brain injury programs in other states to
2121 develop best practices for this state; and
2222 (2) services provided to individuals who have
2323 experienced a concussion, particularly services provided to
2424 students in public education systems, for consistency and efficacy.
2525 (c) The commission, in collaboration with the council, the
2626 office, and the Department of Public Safety, shall develop an
2727 identification card for individuals with acquired brain injury to
2828 help those individuals when interacting with law enforcement and
2929 emergency medical services personnel. The commission shall
3030 collaborate with the Department of Public Safety to ensure that law
3131 enforcement and emergency medical services personnel throughout
3232 the state recognize the identification card and understand the
3333 impact an acquired brain injury may have on an individual's
3434 behavior.
3535 SECTION 2. Section 92.002(a), Health and Safety Code, is
3636 amended to read as follows:
3737 (a) Spinal cord injuries, acquired brain injuries,
3838 including traumatic and non-traumatic brain injuries, and
3939 submersion injuries are reportable to the department. The
4040 executive commissioner by rule shall define those terms for
4141 reporting purposes.
4242 SECTION 3. Section 92.003, Health and Safety Code, is
4343 amended by adding Subsection (d) to read as follows:
4444 (d) The executive commissioner by rule shall develop
4545 reporting requirements to ensure acquired brain injury data is
4646 reported in each case in which an acquired brain injury has
4747 occurred, without regard to whether acquired brain injury is the
4848 primary diagnosis.
4949 SECTION 4. Section 32.024, Human Resources Code, is amended
5050 by adding Subsection (oo) to read as follows:
5151 (oo) The commission shall provide medical assistance for
5252 cognitive rehabilitation therapy for a recipient of medical
5353 assistance who suffers an acquired brain injury, regardless of when
5454 the injury occurred.
5555 SECTION 5. Subchapter C, Chapter 352, Labor Code, is
5656 amended by adding Section 352.109 to read as follows:
5757 Sec. 352.109. VOCATIONAL REHABILITATION SERVICES FOR
5858 INDIVIDUALS WITH ACQUIRED BRAIN INJURY. (a) In this section,
5959 "council" and "office" have the meanings assigned by Section
6060 531.0982, Government Code.
6161 (b) The commission, in collaboration with the council and
6262 the office, shall implement a program to provide vocational
6363 rehabilitation services to individuals with acquired brain injury
6464 across all levels of functioning, including by providing ongoing
6565 support as needed to maintain the individual's employment.
6666 SECTION 6. (a) In this section:
6767 (1) "Commission" means the Health and Human Services
6868 Commission.
6969 (2) "Council" has the meaning assigned by Section
7070 531.0982, Government Code.
7171 (3) "Office" has the meaning assigned by Section
7272 531.0982, Government Code.
7373 (b) The commission, in collaboration with the office and the
7474 council, shall develop a comprehensive plan to improve long-term
7575 outcomes, reduce disabilities, and decrease long-term health care
7676 costs for individuals with acquired brain injury.
7777 (c) The comprehensive plan must:
7878 (1) regarding long-term residential services and
7979 community services including day habilitation, supported living,
8080 and supported work:
8181 (A) assess services currently available; and
8282 (B) identify gaps in and barriers to accessing
8383 those services;
8484 (2) identify actions necessary to ensure that health
8585 care providers have the knowledge and skills to meet the needs of
8686 individuals with acquired brain injury;
8787 (3) develop tools, protocols, and reporting
8888 procedures for use by hospitals, emergency systems, school
8989 districts, state agencies, and others to identify individuals with
9090 acquired brain injury; and
9191 (4) develop a uniform screening and assessment tool to
9292 identify the services and supports needed by an individual with an
9393 acquired brain injury.
9494 (d) Not later than November 30, 2020, the commission shall
9595 prepare and submit to the legislature a report describing the
9696 comprehensive plan required by this section.
9797 SECTION 7. If before implementing any provision of this Act
9898 a state agency determines that a waiver or authorization from a
9999 federal agency is necessary for implementation of that provision,
100100 the agency affected by the provision shall request the waiver or
101101 authorization and may delay implementing that provision until the
102102 waiver or authorization is granted.
103103 SECTION 8. This Act takes effect September 1, 2019.