MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Thames

AN ACT TO AMEND SECTIONS 37-33-251, 37-33-253, 37-33-255, 37-33-257, 37-33-259 AND 37-33-261, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN DEFINITIONS UNDER THE DEPARTMENT OF REHABILITATION SERVICES' TREATMENT PROGRAM FOR SPINAL CORD AND TRAUMATIC BRAIN INJURIES, TO PROVIDE FOR MEETINGS OF THE ADVISORY COUNCIL ON SPINAL CORD INJURIES AND TRAUMATIC BRAIN INJURIES, TO PRESCRIBE AUTHORIZED EXPENDITURES FROM THE SPINAL CORD AND HEAD INJURY TRUST FUND AND TO AUTHORIZE THE DEPARTMENT TO SUBCONTRACT WITH OTHER ENTITIES TO PROVIDE SERVICES UNDER THE PROGRAM; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-33-251, Mississippi Code of 1972, is amended as follows:

37-33-251. It is the intent of the Legislature to provide for the development of a coordinated rehabilitation program for those persons severely disabled by spinal cord injuries or traumatic brain injuries. Further, it is intended that permanent paralysis and brain damage be prevented whenever possible through early identification of spinal cord/brain injuries, skilled emergency evaluation procedures, and proper medical and rehabilitative treatment. The goal of this program shall be to enable individuals severely disabled by spinal cord injury or traumatic brain injury to resume the activities of daily living and reintegrate with the community with as much dignity and independence as possible. For those persons who cannot achieve complete independence, supportive services are needed in order for them to live as normally as possible.

SECTION 2. Section 37-33-253, Mississippi Code of 1972, is amended as follows:

37-33-253. As used in this act:

(a) "Department" means the State Department of Rehabilitation Services.

(b) "Rehabilitation center" means a facility which provides intermediate care and stresses rehabilitation for persons with spinal cord injuries or traumatic brain injuries.

(c) "Transitional living facility" means a facility which provides a temporary, structured residential environment for those individuals with spinal cord injuries or traumatic brain injuries in a training or educational program, in order to prepare such individuals to live independently.

(d) "Traumatic brain injury" means an insult to the skull, brain, or its covering, resulting from external trauma which produces an altered state of consciousness or anatomic, motor, sensory or cognitive/behavioral deficits.

(e) "Spinal cord injury" means an acute traumatic insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external trauma resulting in any degree of motor or sensory deficit.

SECTION 3. Section 37-33-255, Mississippi Code of 1972, is amended as follows:

37-33-255. The department may, if indicated, establish an appropriate number of transitional living facilities for individuals who need attendant care, who are in adjustment periods, who require a structured environment, or who are in retraining or educational programs. All residents shall use the transitional living facility as a temporary measure, and not as a permanent home or domicile, and shall pay a monthly fee based on ability to pay.

SECTION 4. Section 37-33-257, Mississippi Code of 1972, is amended as follows:

37-33-257. The department shall conduct an annual survey of nursing homes in the state to determine the number of individuals fifty-five (55) years of age and under who reside in such homes due to a spinal cord injury or traumatic brain injury. All individuals identified in such a survey shall be evaluated by the department as to their rehabilitation potential, and any individual who may benefit from rehabilitation services shall be given an opportunity to participate in an appropriate rehabilitation program for which he may be eligible.

SECTION 5. Section 37-33-259, Mississippi Code of 1972, is amended as follows:

37-33-259. (1) There is created within the department an Advisory Council on Spinal Cord Injuries and Traumatic Brain Injuries composed of a physician with expertise in areas related to the care and rehabilitation of individuals with spinal cord injuries or traumatic brain injuries or the prevention of spinal cord and traumatic brain injuries, a professional in a clinical rehabilitation setting, a representative designated by the Mississippi Head Injury Association, a representative designated by the Mississippi Paralysis Association, three (3) individuals with spinal cord injuries or traumatic brain injuries, and three (3) family members of individuals with spinal cord or traumatic brain injuries.

(2) Members of the council shall be appointed by the Executive Director of the State Department of Rehabilitation Services and shall serve for terms of four (4) years, except that five (5) members of the first appointed council shall serve for two (2) years.

(3) The council shall meet a minimum of twice per year, and members shall be entitled to uniform per diem and travel expenses in accordance with the provisions of Sections 25-3-69 and 25-3-41, Mississippi Code of 1972.

(4) The council shall provide advice and expertise to the department in the preparation, implementation and periodic review of the coordinated rehabilitation program as set forth in this act.

SECTION 6. Section 37-33-261, Mississippi Code of 1972, is

amended as follows:

37-33-261. (1) Such assessments as are collected under subsections (1) and (2) of Section 99-19-73, Mississippi Code of 1972, shall be deposited in a special fund that is created in the State Treasury and designated the Spinal Cord and Head Injury Trust Fund. Monies deposited in the fund shall be expended beginning in Fiscal Year 1997 by the Department of Rehabilitation Services as authorized and appropriated by the Legislature for the following purposes:

Providing the cost of care for spinal cord and traumatic brain injury as a payer of last resort to residents of the State of Mississippi for a multilevel program of rehabilitation as prescribed in Sections 37-33-251 through 37-33-259. Authorization of expenditures for spinal cord injury care and traumatic brain injury care from this trust fund shall be made only by the Department of Rehabilitation Services. Authorized expenditures shall include three (3) or more of the following terms: acute care, rehabilitation, transitional living and equipment necessary for activities of daily living to accomplish a successful re-entry into the community. Such activities would focus on expanding the public's awareness of how spinal cord and traumatic brain injuries occur and how they can be prevented and identifying advanced treatment and prevention techniques.

Other authorized expenditures may include assistive technology evaluations, services and devices; respite care; special evaluations; personal care attendants; client transportation and other ancillary/emergency services; salary for personnel hired to administer the trust fund; payment for travel by authorized personnel and the advisory board; and necessary funds for office lease, equipment and supplies to carry forth the program in an efficient manner which will assure that the greatest number of individuals with spinal cord injuries and traumatic brain injuries are provided access to the program. The department may subcontract with other entities to provide services authorized by Senate Bill No. 2700, 1997 Regular Session, when a subcontract would be in the best interest of the state.

(2) The department shall issue a report to the Legislature and the Governor by January 1 of each year, summarizing the activities supported by the trust fund.

SECTION 7. This act shall take effect and be in force from and after July 1, 1997.