BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
398 (Monning)
Hearing Date: 8/17/2009 Amended: 7/23/2009
Consultant: Katie Johnson Policy Vote: Health 10-0 Hum.
Serv. 4-1
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BILL SUMMARY: AB 398 would transfer the administration of the
Traumatic Brain Injury Program from the Department of Mental
Health to the Department of Rehabilitation and would extend the
sunset date of the program from July 1, 2012, to July 1, 2019.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
DOR administration $50 $100 $100 Special*
of TBIP
*Traumatic Brain Injury Fund
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STAFF COMMENTS:
Existing law establishes the Department of Mental Health (DMH)
and establishes it as the agency responsible for administering
the Traumatic Brain Injury Program (program) of services for
persons with acquired traumatic brain injury, or brain injury
sustained after birth that results in cognitive, psychological,
neurological, or anatomical changes in brain functions. There
are 7 program sites in California. Existing law provides for a
demonstration project for postacute care for adults 18 years of
age or older with an acquired traumatic brain injury.
Existing law establishes the Department of Rehabilitation (DOR)
with the mission to provide services and advocacy that assist
people with disabilities, including those with developmental
disabilities, to live independently and become employed. DOR
provides consultation, counseling, and vocational rehabilitation
to consumers.
This bill would transfer the administration of the program of
services for persons with acquired traumatic brain injury from
DMH to DOR. It would also extend the existing repeal date of
July 1, 2012, to July 1, 2019.
This bill would extend the deadline for the Department of Health
Care Services (DHCS) from March 15, 2009, to March 15, 2011, to
submit a home- and community-bsed services waiver the serve at
least 100 adult with acquired traumatic brain injuries who would
otherwise require a Medi-Cal funded nursing facility.
The program under DMH is funded primarily through the Traumatic
Brain Injury (TBI) Fund, which receives monies from fines and
penalties. Presumably, the funds would follow the program and
would be available to DOR. DOR would need the existing staff
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AB 398 (Monning)
position at DMH in addition to a new staff person at an
estimated cost of $100,000 annually from the TBI Fund to work
with DHCS to develop the waiver and to prepare for the January
1, 2012, and 2013 deadlines. DOR can expect the TBI Fund to have
approximately $1.2 million available annually.
This bill would specify that grants awarded to service providers
are subject to open competition every three years. This bill
would provide that TBIF moneys may be matched by federal
vocational rehabilitation dollars. Existing law requires TBIF
moneys to be matched.
On or before January 1, 2012, this bill would require DOR to
determine requirements related to service delivery, uniform data
collection, and other aspects of program administration. On or
before January 1, 2013, this bill would require DOR to determine
the level of funding necessary to permit a service provider to
meet all applicable requirements and to determine the number of
sites that can be supported with available funding. Funding
available to DOR consists of General Funds and federal
vocational rehabilitation funds. This bill would require DOR to
monitor and evaluate the performance of service providers and
would permit the department to make grants from TBIF. If service
providers desire to continue to participate in the program after
July 1, 2013, this bill would require them to be in compliance
with additional eligibility requirements by the department.