Bill Text: MI SB0617 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Health; disabilities; brain injury law of Michigan; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding pt. 52A.
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Engrossed - Dead) 2014-05-14 - Referred To Committee On Health Policy [SB0617 Detail]
Download: Michigan-2013-SB0617-Engrossed.html
SB-0617, As Passed Senate, May 14, 2014
SUBSTITUTE FOR
SENATE BILL NO. 617
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 52A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 52A
BRAIN INJURY
Sec. 5231. This part may be known as the "Michigan brain
injury law".
Sec. 5233. (1) As used in this part:
(a) "Acquired brain injury" or "ABI" means an injury to the
brain that occurs after birth and is not hereditary, congenital, or
degenerative. ABI includes TBI and injuries caused by an internal
insult to the brain. An ABI commonly results in a change in
neuronal activity, which affects the physical integrity, metabolic
activity, or functional ability of the cell. ABI does not include a
brain injury induced by birth trauma.
(b) "Council" means the Michigan brain injury services and
prevention council established in section 5235.
(c) "Traumatic brain injury" or "TBI" means an insult to the
brain that is not of a degenerative or congenital nature but is
caused by an external physical force that may produce a diminished
or altered state of consciousness and that results in an impairment
of cognitive abilities or physical functioning. TBI can also result
in the disturbance of behavioral or emotional functioning. The
impairments caused by TBI may be either temporary or permanent and
may cause partial or total functional disability or psychosocial
maladjustment.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code
and part 51 contains definitions applicable to this part.
Sec. 5235. (1) The Michigan brain injury services and
prevention council is established in the department as an advisory
council to the director. The TBI services and prevention council
established by the department in April 2005 is abolished.
(2) Subject to subsection (3), the council is composed of the
following members:
(a) At least 15 but not more than 21 voting members appointed
by the director for 3-year terms. The members appointed under this
subdivision shall represent all of the following stakeholder
groups:
(i) Survivors of ABI and their families.
(ii) Providers of treatment and rehabilitation.
(iii) Local human service agencies.
(iv) Consumer advocacy organizations.
(v) State brain injury associations.
(vi) The Michigan national guard or other organizations serving
veterans.
(vii) Rural and urban interest groups.
(viii) Minority and Native American interest groups.
(ix) Children's services.
(x) The agency designated under section 931 of the mental
health code, 1974 PA 258, MCL 330.1931, to implement the protection
and advocacy programs described in that section.
(b) The following ex officio voting members:
(i) The director or his or her designee.
(ii) The following members appointed by the director:
(A) A representative of the mental health and substance abuse
administration.
(B) A representative of the children's special health care
services division.
(C) A representative of the medical services administration.
(D) A representative of the injury and violence prevention
section.
(iii) The director of the Michigan office of services to the
aging or his or her designee.
(iv) The director of the department of human services or his or
her designee.
(v) The following members appointed by the director of the
department of human services:
(A) A representative of adult protective services.
(B) A representative of the field services administration.
(vi) A representative of the office of special education and
early intervention services appointed by the director of the
department of education.
(vii) The director and adjutant general of the department of
military and veterans affairs or his or her designee.
(viii) The director of the department of corrections or his or
her designee.
(ix) The director of the department of licensing and regulatory
affairs or his or her designee.
(x) A representative of Michigan rehabilitation services
appointed by the director of the department of licensing and
regulatory affairs.
(3) A member of the TBI services and prevention council on the
day before the effective date of this part may, at the director's
discretion, continue as a member of the council under this section.
The council shall make additional appointment recommendations to
the director.
Sec. 5237. The council shall do all of the following:
(a) Elect a chairperson every 2 years by majority vote of the
council members. The chairperson shall act as the presiding officer
of the council.
(b) Create bylaws for operational governance.
(c) Collaborate with the department to develop a comprehensive
statewide plan to address the needs of individuals with ABI.
(d) Submit an annual report to the director and the
legislature that includes all of the following:
(i) An update on the development of a comprehensive statewide
information and referral network for individuals with ABI.
(ii) The incidence of ABI in this state.
(iii) Recommendations to address the needs of individuals with
ABI, including the use of public-private partnerships. In
developing the recommendations under this subparagraph, the council
shall consider all of the following:
(A) Building provider capacity and training.
(B) Improving the coordination of services.
(C) Other areas the council considers appropriate.
Sec. 5239. The department shall do all of the following:
(a) Designate department staff who shall be responsible for
all of the following:
(i) The coordination of policies, programs, and services for
individuals with ABI.
(ii) The provision of staff support to the council.
(b) Collaborate with the brain injury association during its
annual campaign.
(c) Encourage and facilitate all of the following:
(i) Collaboration among state agencies that provide services to
individuals with ABI.
(ii) Collaboration among private organizations and entities
that provide services to individuals with ABI.
(iii) Community participation in program implementation.
(d) Promulgate rules it considers necessary to implement and
administer its powers and duties under this part.
