BILL ANALYSIS
AB 398
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 398 (Monning and Chesbro)
As Amended July 23, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |35-0 |(August 31, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Transfers the administrative duties and oversight of
the California Traumatic Brain Injury (TBI) program from the
Department of Mental Health (DMH) to the Department of
Rehabilitation (DOR) and extends the existing repeal date for
the program from July 1, 2012, to July 1, 2019.
The Senate amendments :
1)Direct DOR to use any new funds to provide an array of
services, in those areas of the state with greatest need, to
adults with a TBI.
2)Delete various provisions in existing law that establishes the
original pilot program for persons with a TBI.
3)Require DOR, by January 1, 2012, to determine various
specified requirements relative to service delivery, data
collection, and other aspects of program administration that
TBI service providers must meet.
4)Direct DOR, by January 1, 2013, to determine the level of
funding necessary for service providers to serve their
designated area; assess the number of sites that current
funding can support; and, solicit applications to provide
services.
5)Require DOR to meet periodically with service providers to
discuss performance standards and data collection, eligibility
requirements, refinement of the continuum of care, and, if
approved by the federal government, implementation of a
Medicaid waiver.
AB 398
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6)Direct DOR to monitor and evaluate the performance of service
providers, as specified, and requires service providers to
furnish uniform data to DOR as necessary to monitor and
evaluate the program.
7)Specify that service providers that continuing to participate
in the program after July 1, 2013, must be in compliance with
requirements that DOR establishes pursuant to this bill.
8)Make grants awarded to service pro from the existing TBI Fund
subject to open competition every three years unless DOR
elects to extend one or more grants up to two additional
years.
9)Extend from March 15, 2009, to March 15, 2011, the date by
which the Department of Health Care Services is required to
submit a Medicaid waiver application to provide services of
persons with a TBI.
10)Clarify that funds deposited in the TBI Fund may be matched
by federal vocational rehabilitation services funds to the
extent the matching funds are consistent with the policies and
priorities of the department and permitted by other state and
federal laws.
11)Delete various provisions in existing law that establishes
the original pilot program for persons with a TBI.
12)Change the sunset date of the TBI program from July 1, 2012,
to July 1, 2019.
13)Make other technical and conforming changes.
EXISTING LAW :
1)Establishes the TBI program within DMH and requires DMH to
designate pilot project sites for a system of post-acute
continuum-of-care models for adults with a TBI.
2)Sunsets the TBI program on July 1, 2012.
3)Establishes the TBI Fund, which pays for the TBI program and
receives a monthly transfer of 0.66% of the State Penalty
Fund.
AB 398
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AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, special fund costs for DOR administration of the TBI
program of $50,000 in 2009-10 and $100,000 in 2010-11and
2011-12.
COMMENTS : The Senate version differs from the Assembly-approved
version in that the Senate amendments require DOR to pursue all
available funding to support an array of services for persons
with a TBI, specify various requirements to ensure DOR
administers the TBI program within a coordinated service
delivery system, and sunset the program in 2019.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0002667