86R13771 LED-D
 
  By: Guillen H.B. No. 3669
 
 
 
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.  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 6.  (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 7.  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 8.  This Act takes effect September 1, 2019.