§ 1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the community
(a)
Plan Required.—
The Secretary shall, for each individual who is a veteran or member of the Armed Forces who receives inpatient or outpatient rehabilitative hospital care or medical services provided by the Department for a traumatic brain injury—
(1)
develop an individualized plan for the rehabilitation and reintegration of the individual into the community; and
(2)
provide such plan in writing to the individual—
(b)
Contents of Plan.—
Each plan developed under subsection (a) shall include, for the individual covered by such plan, the following:
(1)
Rehabilitation objectives for improving the physical, cognitive, and vocational functioning of the individual with the goal of maximizing the independence and reintegration of such individual into the community.
(2)
Access, as warranted, to all appropriate rehabilitative components of the traumatic brain injury continuum of care, and where appropriate, to long-term care services.
(3)
A description of specific rehabilitative treatments and other services to achieve the objectives described in paragraph (1), which shall set forth the type, frequency, duration, and location of such treatments and services.
(c)
Comprehensive Assessment.—
(1)
Each plan developed under subsection (a) shall be based on a comprehensive assessment, developed in accordance with paragraph (2), of—
(2)
The comprehensive assessment required under paragraph (1) with respect to an individual is a comprehensive assessment of the matters set forth in that paragraph by a team, composed by the Secretary for purposes of the assessment, of individuals with expertise in traumatic brain injury, including any of the following:
(d)
Case Manager.—
(e)
Participation and Collaboration in Development of Plans.—
(1)
The Secretary shall involve each individual described in subsection (a), and the family or legal guardian of such individual, in the development of the plan for such individual under that subsection to the maximum extent practicable.
(2)
The Secretary shall collaborate in the development of a plan for an individual under subsection (a) with a State protection and advocacy system if—
(3)
In the case of a plan required by subsection (a) for a member of the Armed Forces who is serving on active duty, the Secretary shall collaborate with the Secretary of Defense in the development of such plan.
(4)
In developing vocational rehabilitation objectives required under subsection (b)(1) and in conducting the assessment required under subsection (c), the Secretary shall act through the Under Secretary for Health in coordination with the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs.
(f)
Evaluation.—
(1)
Periodic review by secretary.—
The Secretary shall periodically review the effectiveness of each plan developed under subsection (a). The Secretary shall refine each such plan as the Secretary considers appropriate in light of such review.
(2)
Request for review by veterans.—
In addition to the periodic review required by paragraph (1), the Secretary shall conduct a review of the plan for an individual under paragraph (1) at the request of the individual, or in the case of an individual who is incapacitated, at the request of the guardian or designee of the individual.
(g)
State Designated Protection and Advocacy System Defined.—
In this section, the term “State protection and advocacy system” means a system established in a State under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to protect and advocate for the rights of persons with development disabilities.
[1] So in original.