BILL NUMBER: AB 398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Monning and Chesbro

                        FEBRUARY 23, 2009

   An act to amend Section 4354, 4357, and 4358.5 of the Welfare and
Institutions Code, relating to acquired brain trauma.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 398, as introduced, Monning. Acquired brain trauma:
administration.
   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.
   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, would, instead,
establish the Department of Rehabilitation as the responsible agency,
and would make conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4354 of the Welfare and Institutions Code is
amended to read:
   4354.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Acquired traumatic brain injury" is an injury that is
sustained after birth from an external force to the brain or any of
its parts, resulting in cognitive, psychological, neurological, or
anatomical changes in brain functions.
   (b) "Department" means the State Department of  Mental
Health   Rehabilitation  .
   (c) "Director" means the Director of  Mental Health
  Rehabilitation  .
   (d) (1) "Vocational supportive services" means a method of
providing vocational rehabilitation and related services that may
include prevocational and educational services to individuals who are
unserved or underserved by existing vocational rehabilitation
services.
   (2) "Extended supported employment services" means ongoing support
services and other appropriate services that are needed to support
and maintain an individual with an acquired traumatic brain injury in
supported employment following that individual's transition from
support provided as a vocational rehabilitation service, including
job coaching, by the  State Department of Rehabilitation
  department  , as defined in paragraphs (1) and
(5) of subdivision (a) of Section 19150.
   (e) The following four characteristics distinguish "vocational
supportive services" from traditional methods of providing vocational
rehabilitation and day activity services:
   (1) Service recipients appear to lack the potential for unassisted
competitive employment.
   (2) Ongoing training, supervision, and support services must be
provided.
   (3) The opportunity is designed to provide the same benefits that
other persons receive from work, including an adequate income level,
quality of working life, security, and mobility.
   (4) There is flexibility in the provision of support which is
necessary to enable the person to function effectively at the
worksite.
   (f) "Community reintegration services" means services as needed by
clients, designed to develop, maintain, increase, or maximize
independent functioning, with the goal of living in the community and
participating in community life. These services may include, but are
not limited to, providing, or arranging for access to, housing,
transportation, medical care, rehabilitative therapies, day programs,
chemical dependency recovery programs, personal assistance, and
education.
   (g) "Fund" means the Traumatic Brain Injury Fund.
   (h) "Supported living services" means a range of appropriate
supervision, support, and training in the client's place of
residence, designed to maximize independence.
   (i) "Functional assessment" means measuring the level or degree of
independence, amount of assistance required, and speed and safety
considerations for a variety of categories, including activities of
daily living, mobility, communication skills, psychosocial
adjustment, and cognitive function.
   (j) "Residence" means the place where a client makes his or her
home, that may include, but is not limited to, a house or apartment
where the client lives independently, assistive living arrangements,
congregate housing, group homes, residential care facilities,
transitional living programs, and nursing facilities.
  SEC. 2.  Section 4357 of the Welfare and Institutions Code is
amended to read:
   4357.  (a) The sites shall be able to identify the special needs
and problems of clients and the services shall be designed to meet
those needs.
   (b) The sites shall match not less than 20 percent of the amount
granted, with the exception of funds used for mentoring. The required
match may be cash or in-kind contributions, or a combination of
both, from the sites or any cooperating agency. In-kind contributions
may include, but shall not be limited to, staff and volunteer
services.
   (c) The sites shall provide at least 51 percent of their services
under the grant to individuals who are Medi-Cal eligible or who have
no other identified third-party funding source.
   (d) The sites shall provide, directly or by arrangement, a
coordinated service model to include all of the following:
   (1) Supported living services.
   (2) Community reintegration services.
   (3) Vocational supportive services.
   (4) Information, referral, and, as needed, assistance in
identifying, accessing, utilizing, and coordinating all services
needed by individuals with traumatic brain injury and their families.

   (5)  (A)    Public and professional education
designed to facilitate early identification of persons with brain
injury, prompt referral of these persons to appropriate services, and
improvement of the system of services available to them. 
   The 
    (B)    The  model shall be designed
and modified with advice from clients and their families, and shall
be accessible to the population in need, taking into account
transportation, linguistic, and cultural factors.
   (e) The sites shall develop and utilize an individual service plan
which will allow clients to move from intensive medical
rehabilitation or highly structured living arrangements to increased
levels of independence and employment. The goals and priorities of
each client shall be an integral part of his or her service plan.
   (f) The sites shall seek all third-party reimbursements for which
clients are eligible and shall utilize all services otherwise
available to clients at no cost, including vocational rehabilitation
services provided by the  Department of Rehabilitation
  department  . However, grantees may utilize grant
dollars for the purchase of nonreimbursed services or services
otherwise unavailable to clients.
   (g) The sites shall endeavor to serve a population that is broadly
representative with regard to race and ethnicity of the population
with traumatic brain injury in their geographical service area,
undertaking outreach activities as needed to achieve this goal.
   (h) The sites shall maintain a broad network of relationships with
local groups of brain injury survivors and families of survivors, as
well as local providers of health, social, and vocational services
to individuals with traumatic brain injury and their families. The
sites shall work cooperatively with these groups and providers to
improve and develop needed services and to promote a well-coordinated
service system, taking a leadership role as necessary.
  SEC. 3.  Section 4358.5 of the Welfare and Institutions Code is
amended to read:
   4358.5.  (a) Funds deposited into the Traumatic Brain Injury Fund
pursuant to paragraph (8) of subdivision (f) of Section 1464 of the
Penal Code shall be matched by federal vocational rehabilitation
services funds for implementation of the Traumatic Brain Injury
program pursuant to this chapter. However, this matching of funds
shall be required only to the extent it is required by other state
and federal law, and to the extent the matching of funds would be
consistent with the policies and priorities of the  State
Department of Rehabilitation   department 
regarding funding.
   (b) The department shall seek and secure funding from available
federal resources, including, but not limited to, Medicaid and drug
and alcohol funds, utilizing the Traumatic Brain Injury Fund as the
state's share for obtaining federal financial participation, and
shall seek any necessary waiver of federal program requirements to
maximize available federal dollars.