SENATE BILL 156

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Antoinette Sedillo Lopez and Andrea Romero

 

 

 

 

 

AN ACT

RELATING TO BRAIN INJURY SERVICES; CREATING THE BRAIN INJURY REGISTRY; MAKING CONFORMING AMENDMENTS TO THE BRAIN INJURY SERVICES FUND; REQUIRING BRAIN INJURY SURVEILLANCE; MAKING APPROPRIATIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 27-1-16 NMSA 1978 (being Laws 2013, Chapter 44, Section 1, as amended) is amended to read:

     "27-1-16. BRAIN INJURY SERVICES FUND CREATED.--

          A. [There is created in the state treasury] The "brain injury services fund" is created as a nonreverting fund in the state treasury. The fund shall be invested in accordance with the provisions of Section 6-10-10 NMSA 1978, and all income earned on the fund shall be credited to the fund.

          B. The brain injury services fund shall be used to institute and maintain a statewide brain injury services program designed to increase the independence of persons with brain injuries.

          C. The [human services] health care authority department shall adopt all rules [regulations] and policies necessary to administer a statewide brain injury services program. The [human services] health care authority department shall coordinate with and seek advice from the brain injury advisory council to ensure that the statewide brain injury services program is appropriate for persons with brain injuries.

          D. All money credited to the brain injury services fund shall be appropriated to the [human services] health care authority department for the purpose of carrying out the provisions of this section [and shall not revert to the general fund].

          E. Disbursements from the brain injury services fund shall be made upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [human services] health care authority.

          F. For the purposes of this section and Section 27-1-17 NMSA 1978, "brain injury":

                (1) means an injury to the brain of traumatic or acquired origin, including an open or closed head injury caused by:

                     (a) an insult to the brain from an outside physical force, regardless of severity;

                     (b) anoxia or hypoxia-ischemia;

                     (c) electrical shock;

                     (d) abusive head trauma or shaken baby syndrome;

                     (e) exposure to a toxic or chemical substance;

                     (f) near-drowning;

                     (g) infection;

                     (h) a tumor;

                     (i) a vascular lesion; or

                     (j) an event that results in either temporary or permanent, partial or total impairments in one or more areas of the brain that results in total or partial functional disability, including: 1) cognition; 2) language; 3) memory; 4) attention; 5) reasoning; 6) abstract thinking; 7) judgment; 8) problem solving; 9) sensory perception and motor abilities; 10) psychosocial behavior; 11) physical functions; 12) information processing; or 13) speech; and

                (2) does not apply to an injury that is:

                     (a) congenital;

                     (b) degenerative;

                     (c) induced by birth trauma;

                     (d) induced by a neurological disorder related to the aging process; or

                     (e) a chemically caused brain injury that is a result of habitual substance abuse."

     SECTION 2. A new Section 27-1-17 NMSA 1978 is enacted to read:

     "27-1-17. [NEW MATERIAL] BRAIN INJURY REGISTRY CREATED--PROGRAM REQUIREMENTS--SURVEILLANCE.--

          A. For the purposes of this section:

                (1) "department" means the health care authority department; and

                (2) "registrant" means a person with a brain injury or a suspected brain injury who voluntarily registers with the brain injury registry.

          B. The department shall:

                (1) establish and administer a statewide brain injury program that shall be known as the "brain injury registry";

                (2) provide policies and procedures for the brain injury registry by rule;

                (3) maintain an accessible website through which a person with a brain injury or a suspected brain injury may register for the brain injury registry and through which a registrant may access information and services; and

                (4) conduct brain injury surveillance.

          C. The brain injury registry shall:

                (1) be a voluntary service for a person with a brain injury or a suspected brain injury;

                (2) provide a registrant with information about brain injury treatment, services, supports, opportunities to participate in medical research and other appropriate information;

                (3) provide a registrant with direct services, including:

                     (a) brain injury screening and referral services;

                     (b) resource navigation; and

                     (c) assistance with enrollment for a public benefit or entitlement; and

                (4) provide public education and conduct outreach.

          D. Brain injury surveillance consists of the collection, compilation and maintenance of statistical information concerning the prevalence and incidence of brain injury in the state, including:

                (1) type;

                (2) cause;

                (3) morbidity and mortality;

                (4) effect on public health; and

                (5) other information the department deems necessary and appropriate.  

          E. The statistical information collected by the department pursuant to Subsection D of this section shall be available to the public.

          F. Protected health information or other personally identifiable information maintained by the department for the purposes of the brain injury registry shall be confidential and shall not be disclosed without written consent.

          G. The department shall submit an annual report to the appropriate interim legislative committees about the administration of the brain injury registry and the department's brain injury surveillance activities."

     SECTION 3. APPROPRIATIONS.--

          A. One million dollars ($1,000,000) is appropriated from the general fund to the brain injury services fund for expenditure in fiscal year 2025 and subsequent fiscal years to establish and support the brain injury registry and to purchase or develop a website for the brain injury registry. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

          B. The following amounts are appropriated from the general fund to the specified recipients for expenditure in fiscal year 2025 for the specified purposes. Any unexpended or unencumbered balances remaining at the end of fiscal year 2025 shall revert to the general fund:

                (1) six hundred thousand dollars ($600,000) to the health care authority department to conduct brain injury surveillance; and

                (2) three hundred thousand dollars ($300,000) to the board of regents of the university of New Mexico to partner with the health care authority department to facilitate an extension for community health care outcomes project focused on brain injury.

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