AB 398 — Acquired brain trauma: administration.

Summary

(1) Existing law establishes the State Department of Mental Health and sets forth its powers and duties relating to the administration of programs for the delivery of mental health services, including, but not limited to, establishing the department as the agency responsible for administering a program of services for persons with acquired traumatic brain injury, as defined. This program provides for a demonstration project for postacute care for adults 18 years of age and older with an acquired traumatic brain injury, including the funding of demonstration project sites, as specified. Existing law establishes the Department of Rehabilitation and sets forth its powers and duties relating to rehabilitation services, including, but not limited to, duties related to the delivery of services for persons with acquired traumatic brain injury. This bill would remove the State Department of Mental Health as the agency responsible for administering the program of services for persons with acquired traumatic brain injury and would, instead, establish the Department of Rehabilitation as the responsible agency and would extend the existing July 1, 2012, repeal date for these provisions until July 1, 2019. This bill would delete references to the program as a demonstration project. It would, instead, dependent upon securing sources of funding for the provision of services, require the Department of Rehabilitation to fund an array of services for adults 18 years of age and older with acquired traumatic brain injury and would require the department to determine the requirements for service delivery, uniform data collection, and other aspects of program administration that service providers participating in the program must meet and to monitor and evaluate the performance of those service providers, as specified. The bill would require service providers to furnish data to the department and would require service providers wishing to continue to participate in the program after July 1, 2013, to comply with additional eligibility requirements specified by the department. Existing law establishes the Traumatic Brain Injury Fund in the State Treasury, with this fund being available for purposes of the program, upon appropriation by the Legislature. The fund receives moneys from specified fines and penalties. This bill would allow the department to use the funds in the Traumatic Brain Injury Fund to make grants to service providers for the provision of services, as specified. It would also modify requirements relating to the securing of matching funds. (2) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, pursuant to which medical benefits are provided to public assistance recipients and certain other low-income persons. The Medi-Cal program is partially governed and funded by federal Medicaid provisions. Existing law requires the department, by March 15, 2009, to submit to the federal Centers for Medicare and Medicaid Services a home- and community-based services waiver application or an amendment of the state plan for home- and community-based services, to serve at least 100 adults with acquired traumatic brain injuries who otherwise would require care in a Medi-Cal funded nursing facility or an intermediate care facility for persons with developmental disabilities. This bill would, instead, require this waiver to be submitted by March, 1, 2011.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/04/09 - Enrolled pdf September 04, 2009
• Amended 07/23/09 - Amended Senate pdf July 23, 2009
• Amended 06/30/09 - Amended Senate pdf June 30, 2009
• Amended 06/25/09 - Amended Senate pdf June 25, 2009
• Amended 06/16/09 - Amended Senate pdf June 16, 2009
• Amended 04/14/09 - Amended Assembly pdf April 14, 2009
• Introduced 02/23/09 - Introduced pdf February 23, 2009
• AB398 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 439, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 08, 2009

   Enrolled and to the Governor at 2:45 p.m.

4. September 02, 2009

   Senate amendments concurred in. To enrollment. (Ayes 63. Noes 9. Page 2900.)

5. September 02, 2009

   Assembly Rule 77 suspended. (Ayes 48. Noes 27. Page 2889.)

6. September 01, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

7. August 31, 2009

   Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 2020.)

8. August 19, 2009

   Read second time. To third reading.

9. August 18, 2009

   From committee: Do pass. (Ayes 9. Noes 0.) (August 17).

10. July 23, 2009

    Read second time, amended, and re-referred to Com. on APPR.

11. July 23, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 15).

12. July 06, 2009

    In committee: Hearing postponed by committee.

13. June 30, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

14. June 25, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

15. June 24, 2009

    From committee: Do pass, and re-refer to Com. on HEALTH. Re-referred. (Ayes 4. Noes 1.) (June 23).

16. June 16, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

17. June 04, 2009

    Referred to Coms. on HUMAN S. and HEALTH.

18. May 21, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 21, 2009

    Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1627.)

20. May 18, 2009

    Read second time. To Consent Calendar.

21. May 14, 2009

    From committee: Do pass. To Consent Calendar. (May 13).

22. April 29, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.) (April 28).

23. April 16, 2009

    Re-referred to Com. on HUM. S.

24. April 14, 2009

    Read second time and amended.

25. April 13, 2009

    From committee: Amend, and do pass as amended, and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 19. Noes 0.) (March 31).

26. March 09, 2009

    Referred to Coms. on HEALTH and HUM. S.

27. February 24, 2009

    From printer. May be heard in committee March 26.

28. February 23, 2009

    Read first time. To print.

Sponsors

• Chesbro · Cosponsor
• Monning · Primary

Votes

Subjects