State for individuals with traumatic brain
injury;
‘‘(ii) may contract with qualified agen-
cies or employ staff to provide services
under this section on a statewide basis to
eligible individuals;
‘‘(iii) shall be responsible for a pro-
gram of activities related to preventing and
reducing the rate of traumatic brain inju-
ries in the State; and
‘‘(iv) shall, after consultation with the
State advisory board established under
paragraph (3), establish standards regard-
ing the marketing of services (by hospitals
and other providers) to traumatic brain in-
jury patients or family members, dissemi-
nate the standards to case management
programs, and furnish information on such
standards to individuals who sustain trau-
matic brain injuries (and the family mem-
bers of such individuals) at the earliest ap-
propriate opportunity after the individual
has sustained the injury (such standards to
include (at a minimum) a rule prohibiting
payments under a case management pro-
gram under this section for referring pa-
tients);
‘‘(B) provide assurances that a protection
and advocacy system established under this sec-
tion will—
‘‘(i) provide legal, administrative and
other appropriate remedies or approaches
to ensure the protection of, and advocacy
for, the rights of individuals with trau-
matic brain injury within the State who
are or may be eligible for treatment, serv-
ices, or rehabilitation;
‘‘(ii) provide information and referral
to programs and services addressing the
needs of individuals with traumatic brain
injuries; and
‘‘(iii) provide for the investigation of
incidents of abuse and neglect of individ-
uals with traumatic brain injuries when in-
cidents are reported for the provision of
excessive or unnecessary services or other
complaints relating to the care of such in-
dividuals, and payment for the referral of
patients;
‘‘(C) ensure the provision to persons with
traumatic brain injury of information regarding
appropriate public or private agencies that pro-
vide rehabilitative services so that injured per-
sons or individuals responsible for such persons
may obtain needed service to alleviate injuries
and avoid secondary problems; and
‘‘(D) for purposes of identifying the serv-
ices required to prevent the institutionalization
or to minimize the need for residential rehabili-
tation in the case of traumatic brain injuries,
establish a services coordination program that
shall—
‘‘(i) provide for the initial assessment
of the individual’s need for traumatic brain
injury services;
‘‘(ii) provide for the reassessment of
each patient at regular intervals to deter-
mine the extent of each patient’s progress,
to ascertain whether a patient is being
kept too long in a given setting or provided
services inappropriately, or to determine
whether the patient would be better served
by other services or in another setting;
‘‘(iii) prepare a treatment plan for
each individual requiring services coordina-
tion, within an appropriate period after the
individual sustains the injury, based on a
consultation with the individual (other
than an individual who is comatose in
which case consultation shall be with a
person with legal responsibility over such
individual) and any person named by the
individual (preparation of the plan may be
delayed based on a certification, including
a brief explanation of the reason for the
delay, by a physician attesting that such a
delay is in the individual’s best interests
with a copy of the treatment plan and any
modifications to the plan being presented
to the individual or the individual’s legal
representative);
‘‘(iv) ensure that each individual’s
treatment plan is regularly updated (based
on consultation with the individual and the
person responsible for the injured individ-
ual) with data and information about
treatments and services provided, as well
as specific measures of the individual’s
current performance or activity relative to
goals previously established;
‘‘(v) assist the individual in obtaining
services necessary to allow the individual to
remain in the community;
‘‘(vi) coordinate home care services
with other services;
‘‘(vii) ensure appropriate, accessible,
and cost-effective services;
‘‘(viii) assist the individual with prob-
lems related to the provision of home care
services;
‘‘(ix) ensure the quality of home care
services;
‘‘(x) assess the individual’s need for
and level of home care services at appro-
priate intervals during the course of the in-
dividual’s treatment under the program;
and
‘‘(xi) explore efforts to include serv-
ices coordination provisions under the
State’s medicaid program under section
1931 of the Social Security Act.
‘‘(3) STATE ADVISORY BOARD.—
‘‘(A) IN GENERAL.—To be eligible to re-
ceive a grant under subsection (a), a State shall
establish an advisory board within the appro-
priate health department of the State or within
another department as designated by the chief
executive officer of the State.
‘‘(B) FUNCTIONS.—An advisory board es-
tablished under subparagraph (A) shall be cog-
nizant of findings and concerns of Federal,
State and local agencies, citizens groups, and
private industry (such as insurance, health care,
automobile, and other industry entities). Such
advisory boards shall encourage citizen partici-
pation through the establishment of public
hearings and other types of community out-
reach programs.
‘‘(C) COMPOSITION.—An advisory board
established under subparagraph (A) shall be
composed of—
‘‘(i) representatives of—
‘‘(I) 
the 
corresponding 
State
agencies involved;
‘‘(II) public and nonprofit private
health related organizations;
‘‘(III) other disability advisory or
planning groups within the State;
‘‘(IV) members of an organiza-
tion or foundation representing trau-
matic brain injury survivors in that
State; and
‘‘(V) injury control programs at
the State or local level if such pro-
grams exist; and
‘‘(ii) a substantial number of individ-
uals who are survivors of traumatic brain
injury, or the family members of such indi-
viduals; and
‘‘(d) REPORT.—Not later than 2 years after the date
of enactment of this part, the Secretary shall prepare and
submit to the appropriate committees of Congress a report
concerning the findings and results of the programs estab-
lished under this section, including measures of outcomes
and consumer and surrogate satisfaction.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section,
$27,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 and 1996.’’.
SEC. 4. NATIONAL HEAD INJURY AWARENESS MONTH.
The month of October, 1993, is hereby designated as
‘‘National Head Injury Month’’ and the President is re-
quested to issue a proclamation calling on the people of
the United States to observe such month with appropriate
ceremonies and activities.
SEC. 5. EFFECTIVE DATE.
This Act shall become effective on October 1, 1993.
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