50-06.4 Traumatic Brain Injuries
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<![CDATA[CHAPTER 50-06.4TRAUMATIC BRAIN INJURIES50-06.4-01. Definitions. As used in this chapter:1."Department" means the department of human services.2."Traumatic brain injury" means an acquired injury to the brain caused by an external<br>physical force resulting in total or partial disability or impairment, including open and<br>closed head injuries that may result in mild, moderate, or severe impairments in one<br>or more areas including cognition, language, memory, attention, reasoning, abstract<br>thinking, judgment, problem-solving, sensory perceptual and motor abilities,<br>psychosocial behavior, physical functioning, information processing, and speech.<br>The term does not include brain injuries that are congenital or degenerative or brain<br>injuries induced by birth trauma, but may include brain injuries caused by anoxia and<br>other related causes.50-06.4-02. Department to be lead agency - Cooperation of other agencies - Jointmeeting. The department shall act as lead agency in the state for the purpose of coordinating<br>services to persons with traumatic brain injury. At least annually the department shall call a joint<br>meeting of the adjutant general, the state department of health, the department of veterans'<br>affairs, and the superintendent of public instruction to discuss the provision of services to<br>individuals with traumatic brain injury. State agencies and political subdivision agencies shall<br>cooperate with the department to permit the department to efficiently coordinate services to<br>persons with traumatic brain injury while avoiding duplication of services. Neither this chapter,<br>nor any activity undertaken by the department under this chapter, may be construed as creating<br>a right to any benefit or service not specifically required to be granted as a condition of the receipt<br>of grants of federal funds.50-06.4-03. Department may submit plans - Seek waivers.The department maysubmit state plans and amendments to state plans, concerning programs administered under this<br>title, to carry out this chapter. The department may seek appropriate waivers of the requirements<br>of federal statutes or regulations as authorized by federal law.50-06.4-04.Authority to accept and expend grants, gifts, and services.Thedepartment may apply for and accept any funds, grants, gifts, or services made available for the<br>purpose of providing or coordinating services to persons with traumatic brain injury by any federal<br>agency or department or any private agency or individual. Funds received by the department<br>under this section must be deposited in the state treasury in a special fund designated as the<br>traumatic brain injury fund and may be spent within the limits of legislative appropriation.50-06.4-05. Traumatic brain injury - Prevention and identification activities. Thedepartment shall provide outreach services and conduct public awareness efforts regarding the<br>prevention and identification of traumatic brain injury.50-06.4-06.Traumatic brain injury - Services and activities - Acceptance ofmoneys. The department may accept and expend moneys from any public or private source,<br>including federal sources, for any purpose involving traumatic brain injuries or the provision of<br>services to individuals with traumatic brain injury and their families.50-06.4-07. Traumatic brain injury - Informal supports - Contracts - Exemption.1.The department shall contract with public or private entities for the provision of<br>informal supports to individuals with traumatic brain injury. As used in this section,<br>"informal supports" includes information sharing and referral services, peer<br>mentoring, training, facilitation of support groups, public awareness efforts, and<br>individual and programmatic advocacy efforts.Page No. 12.Any entity contracting with the department under this section must:a.Demonstrate expertise in serving and enhancing the quality of life for<br>individuals with traumatic brain injury;b.Agree to work in cooperation with the department, case managers, and<br>veterans' service officers; andc.Agree to consult with veterans and other individuals having a traumatic brain<br>injury, their families, and their caregivers.3.The department is exempt from complying with chapter 54-44.4 with respect to<br>contracting for the provision of informal supports under this section.50-06.4-08. Social and recreational services. The department shall provide or contractfor the provision of social and recreational services, including day supports, to individuals with<br>traumatic brain injury, if the department determines that available vocational rehabilitative<br>services do not meet the individuals' needs.50-06.4-09. Vocational rehabilitation and consultation. The department shall provideor contract for the provision of increased and specialized vocational rehabilitation and<br>consultation to individuals with traumatic brain injury who receive case management for personal<br>care services. Services under this section include extended support for individuals at risk of<br>losing their employment upon exhausting their vocational services.Page No. 2Document Outlinechapter 50-06.4 traumatic brain injuries]]>