S786

An Act concerning acquired brain injury and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Acquired Brain Injury" means a non-degenerative injury or damage to the brain acquired after birth caused by non-traumatic injuries such as strokes and other vascular conditions, tumors, infectious diseases, the inhalation or ingestion of toxic products, substance abuse, hypoxia, anoxia due to trauma, or metabolic disorders.

2. a. For four years beginning on the date of enactment of this act, the New Jersey Advisory Council on Traumatic Brain Injury established pursuant to section 3 of P.L.2001, c.332 (C.30:6F-3) shall be known and referred to as the New Jersey Advisory Council on Traumatic and Acquired Brain Injury.

Upon completion of their terms as members of the council, four of the public members serving on the council who are survivors of traumatic brain injury or family members of survivors of traumatic brain injury shall be replaced with four public members with acquired brain injury or family members of persons with acquired brain injury. The newly appointed members shall serve for the duration of the four-year period established in this section.

b. For the four-year period that the council is known as the New Jersey Advisory Council on Traumatic and Acquired Brain Injury:

(1) the council shall, in addition to the responsibilities outlined in section 4 of P.L.2001, c.332 (C.30:6F-4), advise and make recommendations to the Commissioner of Human Services and other related State agencies on ways to improve and develop services for individuals with acquired brain injury, including the coordination of these services between public and private entities, and advise the commissioner on the administration of the Acquired Brain Injury Fund established pursuant to section 3 of this act;

(2) the TBI Fund Review Committee established pursuant to N.J.A.C.10:141-1.4, shall be known and referred to as the Traumatic and Acquired Brain Injury Fund Review Committee, and shall be comprised of two additional members appointed by the Commissioner of Human Services or his designee, who shall be a person with acquired brain injury and a family member of a person with acquired brain injury; and

(3) the committee shall, in addition to its current responsibilities, advise the Commissioner of Human Services on the administration of the Acquired Brain Injury Fund established pursuant to section 3 of this act

3. a. There is established in the Department of the Treasury a nonlapsing, revolving fund to be known as the "Acquired Brain Injury Fund." This fund shall be the repository for monies provided pursuant to subsection d. of this section, and any other funds allocated by the Department of Human Services or the council.

b. The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the State Treasurer upon vouchers signed by the Commissioner of Human Services or his designee. The monies in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer, in the manner provided by law. Interest received on the monies in the fund shall be credited to the fund.

c. Any costs incurred by the Department of the Treasury in the collection or administration of the fund may be deducted from the funds deposited therein, as determined by the Director of the Division of Budget and Accounting.

d. For four years beginning on the date of enactment of this act, any money forwarded to the State Treasurer for deposit into the New Jersey Brain Injury Research Fund pursuant to R.S.39:5-41, shall be allocated to and deposited into the fund.

4. a. The monies deposited in the Acquired Brain Injury Fund shall be distributed by the Department of Human Services, as the payer of last resort, for the costs of post-acute care, and services, and financial assistance provided in this State to, or for the purchase of durable medical equipment for, residents of this State with acquired brain injury.

b. The department, in consultation with the council, shall establish eligibility criteria for the post-acute care, services and financial assistance authorized, and the types of durable medical equipment that can be purchased pursuant to this section.

The criteria shall be based on, but not be limited to, an eligible person's need for post-acute care, services, financial assistance, or durable medical equipment, and the demonstrated clinical value such care, services, assistance, or equipment provides to the person. Expenditures for acquired brain injury care, services, financial assistance, or the purchase of durable medical equipment shall be made by the department in accordance with the following requirements:

(1) expenditures shall only be made on behalf of an eligible person with acquired brain injury;

(2) total expenditures on behalf of any one eligible person shall not exceed $50,000, with no more than $7,500 to be expended for any 12-month period; except that a person may apply to the department for a waiver of these expenditure limits;

(3) expenditures shall be made only if an eligible person has taken advantage of all governmental assistance programs that may provide similar benefits, or if comparable resources are not available or are not able to be delivered in a timely manner;

(4) to the extent of the assistance it has provided, the fund shall have first claim to any future monies received by the person with acquired brain injury as the result of a settlement or other payment made in connection with the acquired brain injury;

(5) in the event the department is unable to provide funds to all eligible persons, the department, in consultation with the council, may establish an order of selection, and adjust the payments provided to an eligible person for the cost of care, services, assistance, or purchase of durable medical equipment during any 12-month period; and

(6) a person with traumatic brain injury receiving payments for the cost of post-acute care, services, and financial assistance from the Traumatic Brain Injury Fund established pursuant to section 5 of P.L.2001, c.332 (C.30:6F-5), shall be ineligible to receive payments for the cost of such care, services, and financial assistance authorized pursuant to this section.

c. The department shall accept applications for disbursements of available monies from the fund and maintain records of all disbursements made from the fund and monies received as gifts and donations. The department shall utilize existing State resources and staff of participating State agencies, businesses, and nonprofit organizations whenever practicable.

5. a. The council shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) to the Legislature, on December 31st of each year that the Acquired Brain Injury Fund exists. The report on the status of the fund shall include information about:

(1) the number of applications made to the fund by cause of acquired brain injury;

(2) the number of persons eligible to receive payment from the fund for the costs of post-acute care, services, financial assistance, or the purchase of durable medical equipment;

(3) the average expenditures per person by cause of injury and the services provided or durable medical equipment purchased; and

(4) the average income and expenditures of persons who received assistance from the fund.

b. The council shall include in the report any recommendations for changes in the law and regulations governing the fund, as it deems necessary.

6. For four years beginning on the date of enactment of this act, a person with acquired brain injury receiving payments for the cost of post-acute care, services, financial assistance, or the purchase of durable medical equipment from the Acquired Brain Injury Fund established pursuant to section 3 of this act shall be ineligible to receive payments for the cost of such care, services, financial assistance, or equipment from the Traumatic Brain Injury Fund authorized pursuant to section 6 of P.L.2001, c.332 (C30:6F-6).

7. a. On the date of the expiration of the Acquired Brain Injury Fund pursuant to section 11 of this act, all monies remaining in the fund shall lapse to the "Traumatic Brain Injury Fund," established pursuant to section 5 of P.L.2001, c.332 (C.30:6F-5).

b. On the date of the expiration of the New Jersey Advisory Council on Traumatic and Acquired Brain Injury pursuant to section 11 of this act, the council and the Traumatic and Acquired Brain Injury Review Committee, renamed pursuant to section 2 of this act, shall be known and be referred to as the New Jersey Advisory Council on Traumatic Brain Injury and the TBI Fund Review Committee, respectively. The membership of the New Jersey Advisory Council on Traumatic Brain Injury and the TBI Fund Review Committee shall revert to the composition specified in N.J.A.C.10:141-1.4, and the council and committee shall resume their duties pursuant to P.L.2001, c.332 (C.30:6F-1 et seq.) and N.J.A.C.10:141-1.4, respectively.

8. For the four-year period that monies forwarded to the State Treasurer for deposit in the Brain Injury Research Fund are deposited into the Acquired Brain Injury Fund pursuant to section 3 of this act, any administrative costs incurred by the New Jersey Commission on Brain Injury Research in carrying out its responsibilities pursuant to section 5 of P.L.2003, c.200 (C.52:9EE-5) may be deducted from the monies deposited into the Acquired Brain Injury Fund, upon certification of such costs by the New Jersey Commission on Brain Injury Research to the Director of the Division of Budget and Accounting in the Department of the Treasury.

9. There is appropriated from the New Jersey Brain Injury Research Fund to the Acquired Brain Injury Fund for the provision of services to persons with acquired brain injury, an amount equal to the unexpended monies remaining in the New Jersey Brain Injury Research Fund on the date of enactment of this act, less the amount of monies the New Jersey Commission on Brain Injury Research certifies to the Director of the Division of Budget and Accounting in the Department of the Treasury shall be necessary to carry out its responsibilities pursuant to section 5 of P.L.2003, c.200 (C.52:9EE-5).

10. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.

11. This act shall take effect immediately and sections one through eight shall expire four years after the date enactment.

STATEMENT

This bill temporarily, for a four year period, renames the New Jersey Advisory Council on Traumatic Brain Injury as the New Jersey Advisory Council on Traumatic and Acquired Brain Injury, and establishes the "Acquired Brain Injury Fund."

Specifically, for four years after the effective date of the bill:

● the New Jersey Advisory Council on Traumatic Brain Injury shall be known and referred to as the New Jersey Advisory Council on Traumatic and Acquired Brain Injury;

● four public members of the council who are survivors of traumatic brain injury or who are family members of such persons shall be replaced, upon completion of their terms as members of the council, with four members with acquired brain injury or who are family members of persons with acquired brain injury.

● the council's duties shall be expanded to require that the council advise and make recommendations to the Commissioner of Human Services and other related State agencies on ways to improve and develop services regarding acquired brain injury, including the coordination of these services between public and private entities, and advise the commissioner on the administration of the "Acquired Brain Injury Fund" established in the provisions of the bill;

● the TBI Fund Review Committee established pursuant to N.J.A.C.10:141-1.4, is temporarily renamed (for four years) the Traumatic and Acquired Brain Injury Fund Review Committee;

● the renamed committee shall include two additional members appointed by the Commissioner of Human Services, one of whom shall be a person with acquired brain injury, and one of whom is a family member of a person with acquired brain injury; and

● the committee shall advise the Commissioner of Human Services in the administration of the Acquired Brain Injury Fund.

The renamed council shall expire after four years, and upon the date of the council's expiration, the council and the committee shall be known and referred to as the New Jersey Advisory Council on Traumatic Brain Injury and the TBI Fund Review Committee, respectively. The membership of the council and committee shall revert to their original compositions, and the council and committee shall resume their original duties.

As used in the bill, "acquired brain injury" means a non-degenerative injury or damage to the brain acquired after birth caused by non-traumatic injuries such as, strokes, and other vascular conditions, tumors, infectious diseases, the inhalation or ingestion of toxic products, substance abuse, hypoxia, anoxia due to trauma, or metabolic disorders.

The bill also establishes the "Acquired Brain Injury Fund" in the Department of the Treasury as a nonlapsing, revolving fund, and the repository for the funds provided pursuant to the provisions of the bill, and any other funds allocated by DHS or the council. The fund shall be operational for four years. The State Treasurer shall be the custodian of the fund, interest received on the monies in the fund shall be credited to the fund, and collection and administrative costs may be deducted from deposited funds.

The monies in the fund shall be distributed by DHS, as the payer of last resort, for the costs of post-acute care, services, and financial assistance provided in this State to, or the purchase of durable medical equipment for, residents of this State with acquired brain injury.

The bill mandates that DHS, in consultation with the council, establish eligibility criteria for the post-acute care, services and financial assistance authorized or the types of durable medical equipment that can be purchased based on an eligible person's need and the demonstrated clinical value that such care, services, assistance, or equipment provides, subject to the following requirements:

● expenditures shall only be made on behalf of an eligible person with acquired brain injury;

● expenditures for acquired brain injury care, services, assistance, or the purchase of durable medical equipment shall be made by DHS, and total expenditures shall not exceed $50,000, with no more than $7,500 to be expended for any 12-month period; except that a person may apply to the department for a waiver of these expenditure limits;

● expenditures shall only be made if an eligible person has taken advantage of all governmental assistance programs that may provide similar benefits, or if comparable resources are not available or are not able to be delivered in a timely manner;

● to the extent of the assistance it has provided, the fund shall have first claim to any future monies received by the person with acquired brain injury as the result of a settlement or other payment made in connection with the injury; and

● in the event DHS is unable to provide funds to all eligible persons, DHS, in consultation with the council, may establish an order of selection, and adjust the payments provided to an eligible person for the cost of care, services, assistance, or purchase of durable medical equipment during any 12-month period; and

● a person with traumatic brain injury receiving payments for the cost of post-acute care, services, and financial assistance from the Traumatic Brain Injury Fund shall be ineligible to receive payments from the Acquired Brain Injury Fund for the cost of such care, services, and financial assistance.

DHS is also required to accept applications for disbursements of available monies from the fund, and maintain records concerning all disbursements, gifts, and donations.

The council shall report to the Governor and the Legislature, on December 31st of each year, on the status of the fund. The report shall include information about: the number of applications made to the fund by cause of acquired brain injury; the number of persons eligible to receive payment from the fund for post-acute care, services, financial assistance, or for the purchase of durable medical equipment; the average expenditures per person by cause of injury and services provided or equipment purchased; the average income and expenditures of persons who received assistance from the fund; and any recommendations for changes in the law and regulations governing the fund.

Under the bill's provisions, the fund would expire after four years, and upon the date of the fund's expiration, the monies remaining in the fund shall be transferred to the "Traumatic Brain Injury Fund" established pursuant to section 5 of P.L.2001, c.332 (C.30:6F-5).

The bill also stipulates that for the four-year period that monies forwarded to the State Treasurer for deposit into the New Jersey Brain Injury Fund are deposited into the Acquired Brain Injury Fund, any administrative costs incurred by the New Jersey Commission on Brain Injury in carrying out its responsibilities pursuant to section 5 of P.L.2003, c.200 (C.52:9EE-5) may be deducted from the monies deposited into the Acquired Brain Injury Fund, upon certification of such costs by the New Jersey Commission on Brain Injury Research to the Director of the Division of Budget and Accounting.

The bill specifies that for four years after the effective date of the bill, a person with acquired brain injury receiving payments for the cost of post-acute care, services, financial assistance, or the purchase of durable medical equipment from the Acquired Brain Injury Fund shall be ineligible to receive payments for the cost of such care, services, financial assistance, or equipment from the Traumatic Brain Injury Fund authorized pursuant to section 6 of P.L.2001, c.332 (C30:6F-6).

Lastly, the bill appropriates from the New Jersey Brain Injury Research Fund to the Acquired Brain Injury Fund, an amount equal to the unexpended monies remaining in the New Jersey Brain Injury Research Fund on the date of enactment of the bill, less the amount of monies the New Jersey Commission on Brain Injury Research certifies to the Director of the Division of Budget and Accounting as necessary to carry out its responsibilities pursuant to section 5 of P.L.2003, c.200 (C.52:9EE-5).