BG C.S.H.B. 2472 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 2472 By: Maxey 4-30-97 Committee Report (Substituted) BACKGROUND Brain injury is a leading cause of death and injury in the United States. Interpolating from national estimates, Texans suffer 144,000 brain injuries per year and about 6,500 are severe and permanently disabling. More than two-thirds of the brain injuries occur between the ages of 15 and 28; two-thirds of those to males. The Traumatic Brain Injury Act of 1996 was passed by Congress and signed by the President in July, 1996. This Act provides funding to states for planning, demonstration and surveillance. In February 1997, Governor Bush designated the Texas Planning Council for Developmental Disabilities as the Agency responsible for developing the Texas Traumatic Brain Injury Advisory Council. Reliable data regarding brain injuries in Texas is necessary in order to formulate policy with regard to traumatic brain injury and to accurately assess and improve the state's brain injury rehabilitation service delivery system. PURPOSE CSHB 2472 adds traumatic brain injury to the injuries subject to surveillance by the Department of Health and provides for cooperation with the Texas Rehabilitation Commission and the Texas Traumatic Brain Injury Advisory Council. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Board of Health in SECTION 2 (Sec. 88.002(a), Health and Safety Code); and that rulemaking authority is referenced in SECTION 4 (Sec. 88.008(a) and (g) Health and Safety Code), and in SECTION 6 (Section 88.011(3) Health and Safety Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 88.001, Health and Safety Code, by adding Subdivision (3) defining "traumatic brain injury." SECTION 2. Amends Section 88.002(a), Health and Safety Code, by adding "traumatic brain injuries" among the injuries reportable to the Department of Health (department). SECTION 3. Amends Section 88.003(c), Health and Safety Code, by adding language to specify the necessary information that the Board of Health (board) is allowed to obtain to perform a longitudinal analysis to determine the outcome of a person with a reportable injury. Makes conforming changes. SECTION 4. Amends Sections 88.008(a) and (g), Health and Safety Code, by adding "traumatic brain injuries" to the types of injuries excluded from the purview of the technical advisory committee. Replaces the reference to Sec. 87.002(b) with 88.002(b). SECTION 5. Amends Section 88.009, Health and Safety Code, by updating and conforming reference changes. SECTION 6. Amends Chapter 88, Health and Safety Code, by adding Sections 88.010 and 88.011 as follows: Sec. 88.010. COORDINATION WITH TEXAS REHABILITATION COMMISSION. Requires the department and the Texas Rehabilitation Commission (commission) to enter into a memorandum of understanding to exchange relevant injury data, maintain confidentiality of injury data, and cooperate in conducting investigations of injuries. Sec. 88.011. COORDINATION WITH TEXAS TRAUMATIC BRAIN INJURY ADVISORY COUNCIL. Requires the department and the Texas Traumatic Brain Injury Advisory Council (council) to enter into a memorandum of understanding to exchange relevant injury data, maintain the confidentiality of injury data, permit the council to review and comment on board rules, and cooperate in conducting investigations of injuries. SECTION 7. Effective date is September 1, 1997. SECTION 8. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 2472 makes no substantive changes from the original bill. The original bill utilized identical language to amend Chapter 87, Health and Safety Code, whereas the substitute amends Chapter 88.