N.Y. Public Health Law § 2744 – The traumatic brain injury services coordinating council

1. The traumatic brain injury services coordinating council is hereby established and shall consist of the following persons or their designees: the commissioner, the commissioner of the office for people with developmental disabilities, the office of mental health, the commissioner of education, the commissioner of alcoholism and substance abuse services, the commissioner of social services, the state advocate for the disabled and the commission on quality of care for the mentally disabled. In addition, the council shall consist of the following persons: five persons appointed by the governor, three of whom shall be persons with traumatic brain injury and two of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; two persons appointed by the temporary president of the senate, one of whom shall be a person with traumatic brain injury and one of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; two persons appointed by the speaker of the assembly, one of whom shall be a person with traumatic brain injury and one of whom shall be representative of the public and have a demonstrated expertise and interest in traumatic brain injury, one person appointed by the minority leader of the senate who shall be a person with traumatic brain injury or be representative of the public and have a demonstrated expertise and interest in traumatic brain injury; and one person appointed by the minority leader of the assembly who shall be a person with traumatic brain injury or be representative of the public and have a demonstrated expertise and interest in traumatic brain injury. Of the five persons appointed by the governor, three shall serve for a term of one year, one shall serve for a term of two years and one shall serve for a term of three years. Of the two persons appointed by the temporary president of the senate, one shall serve for a term of two years and one shall serve for a term of three years. Of the two persons appointed by the speaker of the assembly, one shall serve for a term of two years and one shall serve for a term of three years. The person appointed by the minority leader of the senate and the person appointed by the minority leader of the assembly shall serve for a term of one year. Subsequent appointments for vacancies shall be for a term of three years and shall be filled in the same manner as the original appointment.
2.
1. (a) The council shall be charged with recommending to the department long range objectives, goals and priorities. It shall also provide advice on the planning, coordination and development of needed services. In making such recommendations, the council shall consider:
  1. (i) the availability and accessibility of services for individuals diagnosed with traumatic brain injury, the cost of receiving such services, and any disparities that may exist in the regional availability of services;
  2. (ii) emerging trends in traumatic brain injury, including changes in incidences, changes in the needs of individuals with traumatic brain injury, and assess the training service providers receive relating to traumatic brain injury;
  3. (iii) the difference in services availability and outcomes for individuals that may be enrolled in any Medicaid waiver; and
  4. (iv) the efficiency of the administrative processes that provide individuals with traumatic brain injury official approvals or denials of service.
2. (b) The council shall post the recommendations developed pursuant to paragraph (a) of this subdivision on the department's website on or before one year from the date this paragraph shall take effect and annually thereafter.
3. The members of the council shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder, subject to the approval of the commissioner.
4.
1. (a) Within the traumatic brain injury services coordinating council there shall be established a concussion management advisory committee which shall develop recommendations specific to concussion management, academic scholarship, and public awareness for submission to the traumatic brain injury services coordinating council for consideration. The committee shall consist of members appointed from the membership of the traumatic brain injury services coordinating council by a majority vote of the council. Additional committee members may be appointed by the commissioner and shall have demonstrated experience with or expertise in one of the following areas: public health expertise related to mild traumatic brain injuries and concussions, academic research in the area of traumatic brain injuries and concussion management, and public awareness experience related to the recognition of mild traumatic brain injuries and concussions. Committee membership shall not exceed twelve members. The committee may consult with a member or members of the public who have demonstrated expertise and interest in mild traumatic brain injuries and concussions.
2. (b) The recommendations of the advisory committee shall include, but not be limited to:
  1. (i) methods to raise public awareness of mild traumatic brain injuries and concussions;
  2. (ii) the development of outreach services to provide coordinated information regarding the recognition and management of mild traumatic brain injuries and concussions; and
  3. (iii) the development of a clearinghouse of academic research and scientific findings related to the recognition, management, and treatment of mild traumatic injuries and concussions.