86R6585 LED-D
By: Powell S.B. No. 2388
A BILL TO BE ENTITLED
AN ACT
relating to services provided to and collection of data regarding
individuals with acquired brain injury.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0982 to read as follows:
Sec. 531.0982. SERVICES FOR INDIVIDUALS WITH ACQUIRED BRAIN
INJURY. (a) In this section:
(1) "Council" means the Texas Brain Injury Advisory
Council established under 1 T.A.C. Section 351.825.
(2) "Office" means the office of acquired brain injury
within the commission.
(b) The commission, in collaboration with the council and
the office, shall periodically review and evaluate:
(1) acquired brain injury programs in other states to
develop best practices for this state; and
(2) services provided to individuals who have
experienced a concussion, particularly services provided to
students in public education systems, for consistency and efficacy.
(c) The commission, in collaboration with the council, the
office, and the Department of Public Safety, shall develop an
identification card for individuals with acquired brain injury to
help those individuals when interacting with law enforcement and
emergency medical services personnel. The commission shall
collaborate with the Department of Public Safety to ensure that law
enforcement and emergency medical services personnel throughout
the state recognize the identification card and understand the
impact an acquired brain injury may have on an individual's
behavior.
SECTION 2. Section 92.002(a), Health and Safety Code, is
amended to read as follows:
(a) Spinal cord injuries, acquired brain injuries,
including traumatic and non-traumatic brain injuries, and
submersion injuries are reportable to the department. The
executive commissioner by rule shall define those terms for
reporting purposes.
SECTION 3. Section 92.003, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The executive commissioner by rule shall develop
reporting requirements to ensure acquired brain injury data is
reported in each case in which an acquired brain injury has
occurred, without regard to whether acquired brain injury is the
primary diagnosis.
SECTION 4. Section 32.024, Human Resources Code, is amended
by adding Subsection (oo) to read as follows:
(oo) The commission shall provide medical assistance for
cognitive rehabilitation therapy for a recipient of medical
assistance who suffers an acquired brain injury, regardless of when
the injury occurred.
SECTION 5. Section 1352.001, Insurance Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) This chapter applies to stop-loss insurance that, due to
the low level at which the insurer's liability attaches, serves the
same function as conventional group accident and health insurance
policies, as determined in accordance with rules adopted by the
commissioner. This chapter does not apply to employers or
self-funded health benefit plans.
(e) In this section, "stop-loss insurance" means a policy of
insurance that indemnifies, directly or indirectly, a self-funded
health benefit plan for a portion of the plan's liability for
benefits for plan participants. The term includes excess loss
insurance and other equivalent coverage, aggregate stop-loss
insurance, and individual stop-loss insurance.
SECTION 6. Subchapter C, Chapter 352, Labor Code, is
amended by adding Section 352.109 to read as follows:
Sec. 352.109. VOCATIONAL REHABILITATION SERVICES FOR
INDIVIDUALS WITH ACQUIRED BRAIN INJURY. (a) In this section,
"council" and "office" have the meanings assigned by Section
531.0982, Government Code.
(b) The commission, in collaboration with the council and
the office, shall implement a program to provide vocational
rehabilitation services to individuals with acquired brain injury
across all levels of functioning, including by providing ongoing
support as needed to maintain the individual's employment.
SECTION 7. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Council" has the meaning assigned by Section
531.0982, Government Code.
(3) "Office" has the meaning assigned by Section
531.0982, Government Code.
(b) The commission, in collaboration with the office and the
council, shall develop a comprehensive plan to improve long-term
outcomes, reduce disabilities, and decrease long-term health care
costs for individuals with acquired brain injury.
(c) The comprehensive plan must:
(1) regarding long-term residential services and
community services including day habilitation, supported living,
and supported work:
(A) assess services currently available; and
(B) identify gaps in and barriers to accessing
those services;
(2) identify actions necessary to ensure that health
care providers have the knowledge and skills to meet the needs of
individuals with acquired brain injury;
(3) develop tools, protocols, and reporting
procedures for use by hospitals, emergency systems, school
districts, state agencies, and others to identify individuals with
acquired brain injury; and
(4) develop a uniform screening and assessment tool to
identify the services and supports needed by an individual with an
acquired brain injury.
(d) Not later than November 30, 2020, the commission shall
prepare and submit to the legislature a report describing the
comprehensive plan required by this section.
SECTION 8. (a) Not later than December 31, 2019, the
commissioner of insurance shall adopt rules necessary to implement
Section 1352.001(d), Insurance Code, as added by this Act.
(b) The change in law made by this Act applies only to an
insurance policy that is delivered, issued for delivery, or renewed
on or after January 1, 2020. A policy delivered, issued for
delivery, or renewed before January 1, 2020, is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 9. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 10. This Act takes effect September 1, 2019.