BILL NUMBER:S1704

TITLE OF BILL:  An act to amend the social services law, in relation
to residential programs for adults with traumatic brain injuries

PURPOSE:

To require certain residential adult care facilities to hold a
specific TBI certification or professional license.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends the social services law by adding a new
section 461-n, which provides that residential care programs for
adults with traumatic brain injuries. Any residential adult care
facility serving residents with TBI must hold a national certification
by the academy of certified brain injury specialists or hold a current
professional license or employ a residential manager who holds a
current professional license as a physician, nurse practitioner,
registered nurse, licensed rehabilitation professional, certified
brain injury specialist.

Section 2 of this bill provides that this law shall take effect on the
ninetieth day after it shall become a law, provided, however, that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
              

effective date are authorized to be made on or before such effective
date.

JUSTIFICATION:

The Centers for Disease Control and Prevention estimates that 1.7
million Traumatic Brain Injury (TBI)-related emergency department
visits, hospitalizations, and deaths occur annually in the United
States, while TBI is a contributing factor in one third of all
injury-related death in the U.S.

According to the New York State Department of Health's TBI Five Year
Action Plan in 2012, "adults 75 years and older have the highest rates
of TBI-related hospitalization and death" (p. 7). Falls are the major
cause of TBI-incidents among adults 44 years or older and they make up
nearly two thirds of TBI-related incidents among adults 65 years or
older in New York. As the older population is vulnerable to
TBI-related incidents, it is necessary for the State of New York to
make an effort to reduce the incidence of avoidable TBI and enhance
post-injury recovery outcomes.

This legislation would require that any residential adult care
facility serving residents with TBI must hold a national certification
by the academy of certified brain injury specialists or employ a
residential manager who holds a current professional license as a
physician, nurse practitioner, registered nurse, licensed
rehabilitation professional, certified brain injury specialist or
licensed mental health professional who is trained and experience in
the care and rehabilitation of residents with traumatic brain injury.
This would enhance recovery and prevention of TBI, particularly among
seniors.


LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This law shall take effect on the ninetieth day after it shall become
a law, provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made on or before such effective date.