N.C. Gen. Stat. § 143B-216.65
North Carolina Brain Injury Advisory Council - creation and duties
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
There is established the North Carolina Brain Injury Advisory Council in the Department of Health and Human Services to review traumatic and other acquired brain injuries in North Carolina. The Council shall have duties including the following:
There is established the North Carolina Brain Injury Advisory Council in the Department of Health and Human Services to review traumatic and other acquired brain injuries in North Carolina. The Council shall have duties including the following:
(1) Review how the term "traumatic brain injury" is defined by State and federal regulations and to determine whether changes should be made to the State definition to include "acquired brain injury" or other appropriate conditions.
(1) Review how the term “traumatic brain injury” is defined by State and federal regulations and to determine whether changes should be made to the State definition to include “acquired brain injury” or other appropriate conditions.
(2) Promote interagency coordination among State agencies responsible for services and support of individuals that have traumatic brain injury.
(2) Promote interagency coordination among State agencies responsible for services and support of individuals that have traumatic brain injury.
(3) Study the needs of individuals with traumatic brain injury and their families.
(3) Study the needs of individuals with traumatic brain injury and their families.
(4) Make recommendations to the Governor, the General Assembly, and the Secretary of Health and Human Services regarding the planning, development, funding, and implementation of a comprehensive statewide service delivery system.
(4) Make recommendations to the Governor, the General Assembly, and the Secretary of Health and Human Services regarding the planning, development, funding, and implementation of a comprehensive statewide service delivery system.
(5) Promote and implement injury prevention strategies across the State.
(5) Promote and implement injury prevention strategies across the State.
History
(2003-114, s. 1; 2009-361, s. 3.)
Traumatic Brain Injury Waiver. - Session Laws 2014-100, s. 12H.6, provides: "The Department of Health and Human Services, Division of Medical Assistance, and Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, in conjunction with the North Carolina Traumatic Brain Injury Advisory Council, shall design and draft a 1915(c) waiver to add a new service package for Medicaid eligibles with traumatic brain injury (TBI). This draft waiver may be based on an update to the 2010 report on a waiver to serve individuals with traumatic brain injury. The Department shall report the draft waiver, other findings, and any additional options to provide Medicaid services to those suffering from TBI to the House Appropriations Subcommittee on Health and Human Services and the Senate Appropriations Committee on Health and Human Services by February 1, 2015. The Department may submit drafts of the waiver to the Centers for Medicare and Medicaid Services (CMS) to solicit feedback but shall not submit the waiver for CMS approval until authorized by the General Assembly."
Session Laws 2015-241, s. 12H.6(a), provides: "The Department of Health and Human Services, Division of Medical Assistance and Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Department), shall submit to the Centers for Medicare and Medicaid Services a request for approval of the 1915(c) waiver for individuals with traumatic brain injury (TBI) that the Department designed pursuant to Section 12H.6 of S.L. 2014-100, which the Joint Legislative Oversight Committee on Health and Human Services recommended as part of its December 2014 report to the General Assembly, and which is further described in the Department's February 1, 2015, report to the General Assembly."
Session Laws 2015-241, s. 12H.6(b), provides: "The Department shall report to the Joint Legislative Oversight Committee on Health and Human Services on the status of the Medicaid TBI waiver request and the plan for implementation no later than December 1, 2015. The Department shall submit an updated report by March 1, 2016. Each report shall include the following:
"(1) The number of individuals who are being served under the waiver and the total number of individuals expected to be served.
"(2) The expenditures to date and a forecast of future expenditures.
"(3) Any recommendations regarding expansion of the waiver."
Session Laws 2015-241, s. 12H.6(d), provides: "The waiver and any State Plan amendments required to implement this section shall not be subject to the 90-day prior submission requirement of G.S. 108A-54.1 A(e)."
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.