Texas 2019 - 86th Regular

Texas Senate Bill SB2388 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6585 LED-D
2	2	By: Powell S.B. No. 2388
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to services provided to and collection of data regarding
8	8	individuals with acquired brain injury.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.0982 to read as follows:
12	12	Sec. 531.0982. SERVICES FOR INDIVIDUALS WITH ACQUIRED BRAIN
13	13	INJURY. (a) In this section:
14	14	(1) "Council" means the Texas Brain Injury Advisory
15	15	Council established under 1 T.A.C. Section 351.825.
16	16	(2) "Office" means the office of acquired brain injury
17	17	within the commission.
18	18	(b) The commission, in collaboration with the council and
19	19	the office, shall periodically review and evaluate:
20	20	(1) acquired brain injury programs in other states to
21	21	develop best practices for this state; and
22	22	(2) services provided to individuals who have
23	23	experienced a concussion, particularly services provided to
24	24	students in public education systems, for consistency and efficacy.
25	25	(c) The commission, in collaboration with the council, the
26	26	office, and the Department of Public Safety, shall develop an
27	27	identification card for individuals with acquired brain injury to
28	28	help those individuals when interacting with law enforcement and
29	29	emergency medical services personnel. The commission shall
30	30	collaborate with the Department of Public Safety to ensure that law
31	31	enforcement and emergency medical services personnel throughout
32	32	the state recognize the identification card and understand the
33	33	impact an acquired brain injury may have on an individual's
34	34	behavior.
35	35	SECTION 2. Section 92.002(a), Health and Safety Code, is
36	36	amended to read as follows:
37	37	(a) Spinal cord injuries, acquired brain injuries,
38	38	including traumatic and non-traumatic brain injuries, and
39	39	submersion injuries are reportable to the department. The
40	40	executive commissioner by rule shall define those terms for
41	41	reporting purposes.
42	42	SECTION 3. Section 92.003, Health and Safety Code, is
43	43	amended by adding Subsection (d) to read as follows:
44	44	(d) The executive commissioner by rule shall develop
45	45	reporting requirements to ensure acquired brain injury data is
46	46	reported in each case in which an acquired brain injury has
47	47	occurred, without regard to whether acquired brain injury is the
48	48	primary diagnosis.
49	49	SECTION 4. Section 32.024, Human Resources Code, is amended
50	50	by adding Subsection (oo) to read as follows:
51	51	(oo) The commission shall provide medical assistance for
52	52	cognitive rehabilitation therapy for a recipient of medical
53	53	assistance who suffers an acquired brain injury, regardless of when
54	54	the injury occurred.
55	55	SECTION 5. Section 1352.001, Insurance Code, is amended by
56	56	adding Subsections (d) and (e) to read as follows:
57	57	(d) This chapter applies to stop-loss insurance that, due to
58	58	the low level at which the insurer's liability attaches, serves the
59	59	same function as conventional group accident and health insurance
60	60	policies, as determined in accordance with rules adopted by the
61	61	commissioner. This chapter does not apply to employers or
62	62	self-funded health benefit plans.
63	63	(e) In this section, "stop-loss insurance" means a policy of
64	64	insurance that indemnifies, directly or indirectly, a self-funded
65	65	health benefit plan for a portion of the plan's liability for
66	66	benefits for plan participants. The term includes excess loss
67	67	insurance and other equivalent coverage, aggregate stop-loss
68	68	insurance, and individual stop-loss insurance.
69	69	SECTION 6. Subchapter C, Chapter 352, Labor Code, is
70	70	amended by adding Section 352.109 to read as follows:
71	71	Sec. 352.109. VOCATIONAL REHABILITATION SERVICES FOR
72	72	INDIVIDUALS WITH ACQUIRED BRAIN INJURY. (a) In this section,
73	73	"council" and "office" have the meanings assigned by Section
74	74	531.0982, Government Code.
75	75	(b) The commission, in collaboration with the council and
76	76	the office, shall implement a program to provide vocational
77	77	rehabilitation services to individuals with acquired brain injury
78	78	across all levels of functioning, including by providing ongoing
79	79	support as needed to maintain the individual's employment.
80	80	SECTION 7. (a) In this section:
81	81	(1) "Commission" means the Health and Human Services
82	82	Commission.
83	83	(2) "Council" has the meaning assigned by Section
84	84	531.0982, Government Code.
85	85	(3) "Office" has the meaning assigned by Section
86	86	531.0982, Government Code.
87	87	(b) The commission, in collaboration with the office and the
88	88	council, shall develop a comprehensive plan to improve long-term
89	89	outcomes, reduce disabilities, and decrease long-term health care
90	90	costs for individuals with acquired brain injury.
91	91	(c) The comprehensive plan must:
92	92	(1) regarding long-term residential services and
93	93	community services including day habilitation, supported living,
94	94	and supported work:
95	95	(A) assess services currently available; and
96	96	(B) identify gaps in and barriers to accessing
97	97	those services;
98	98	(2) identify actions necessary to ensure that health
99	99	care providers have the knowledge and skills to meet the needs of
100	100	individuals with acquired brain injury;
101	101	(3) develop tools, protocols, and reporting
102	102	procedures for use by hospitals, emergency systems, school
103	103	districts, state agencies, and others to identify individuals with
104	104	acquired brain injury; and
105	105	(4) develop a uniform screening and assessment tool to
106	106	identify the services and supports needed by an individual with an
107	107	acquired brain injury.
108	108	(d) Not later than November 30, 2020, the commission shall
109	109	prepare and submit to the legislature a report describing the
110	110	comprehensive plan required by this section.
111	111	SECTION 8. (a) Not later than December 31, 2019, the
112	112	commissioner of insurance shall adopt rules necessary to implement
113	113	Section 1352.001(d), Insurance Code, as added by this Act.
114	114	(b) The change in law made by this Act applies only to an
115	115	insurance policy that is delivered, issued for delivery, or renewed
116	116	on or after January 1, 2020. A policy delivered, issued for
117	117	delivery, or renewed before January 1, 2020, is governed by the law
118	118	as it existed immediately before the effective date of this Act, and
119	119	that law is continued in effect for that purpose.
120	120	SECTION 9. If before implementing any provision of this Act
121	121	a state agency determines that a waiver or authorization from a
122	122	federal agency is necessary for implementation of that provision,
123	123	the agency affected by the provision shall request the waiver or
124	124	authorization and may delay implementing that provision until the
125	125	waiver or authorization is granted.
126	126	SECTION 10. This Act takes effect September 1, 2019.