2007 Minnesota Statutes

256B.093 SERVICES FOR PERSONS WITH TRAUMATIC BRAIN INJURIES.
    Subdivision 1. State traumatic brain injury program. The commissioner of human
services shall:
(1) maintain a statewide traumatic brain injury program;
(2) supervise and coordinate services and policies for persons with traumatic brain injuries;
(3) contract with qualified agencies or employ staff to provide statewide administrative
case management and consultation;
(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with traumatic brain injuries;
(5) investigate the need for the development of rules or statutes for the traumatic brain injury
home and community-based services waiver;
(6) investigate present and potential models of service coordination which can be delivered
at the local level; and
(7) the advisory committee required by clause (4) must consist of no fewer than ten members
and no more than 30 members. The commissioner shall appoint all advisory committee members
to one- or two-year terms and appoint one member as chair. Notwithstanding section 15.059,
subdivision 5 , the advisory committee does not terminate until June 30, 2008.
    Subd. 2. Eligibility. Persons eligible for traumatic brain injury administrative case
management and consultation must be eligible medical assistance recipients who have traumatic
or certain acquired brain injury and are at risk of institutionalization.
    Subd. 3. Traumatic brain injury program duties. The department shall fund administrative
case management under this subdivision using medical assistance administrative funds. The
traumatic brain injury program duties include:
(1) recommending to the commissioner in consultation with the medical review agent
according to Minnesota Rules, parts 9505.0500 to 9505.0540, the approval or denial of medical
assistance funds to pay for out-of-state placements for traumatic brain injury services and in-state
traumatic brain injury services provided by designated Medicare long-term care hospitals;
(2) coordinating the traumatic brain injury home and community-based waiver;
(3) providing ongoing technical assistance and consultation to county and facility case
managers to facilitate care plan development for appropriate, accessible, and cost-effective
medical assistance services;
(4) providing technical assistance to promote statewide development of appropriate,
accessible, and cost-effective medical assistance services and related policy;
(5) providing training and outreach to facilitate access to appropriate home and
community-based services to prevent institutionalization;
(6) facilitating appropriate admissions, continued stay review, discharges, and utilization
review for neurobehavioral hospitals and other specialized institutions;
(7) providing technical assistance on the use of prior authorization of home care services and
coordination of these services with other medical assistance services;
(8) developing a system for identification of nursing facility and hospital residents with
traumatic brain injury to assist in long-term planning for medical assistance services. Factors will
include, but are not limited to, number of individuals served, length of stay, services received, and
barriers to community placement; and
(9) providing information, referral, and case consultation to access medical assistance
services for recipients without a county or facility case manager. Direct access to this assistance
may be limited due to the structure of the program.
    Subd. 3a. Traumatic brain injury case management services. The annual appropriation
established under section 171.29, subdivision 2, paragraph (c), shall be used for traumatic brain
injury program services that include, but are not limited to:
(1) collaborating with counties, providers, and other public and private organizations to
expand and strengthen local capacity for delivering needed services and supports, including
efforts to increase access to supportive residential housing options;
(2) participating in planning and accessing services not otherwise covered in subdivision 3 to
allow individuals to attain and maintain community-based services;
(3) providing information, referral, and case consultation to access health and human services
for persons with traumatic brain injury not eligible for medical assistance, though direct access to
this assistance may be limited due to the structure of the program; and
(4) collaborating on injury prevention efforts.
    Subd. 4. Definitions. For purposes of this section, the following definitions apply:
(a) "Traumatic brain injury" means a sudden insult or damage to the brain or its coverings,
not of a degenerative or congenital nature. The insult or damage may produce an altered state
of consciousness and may result in a decrease in cognitive, behavioral, emotional, or physical
functioning resulting in partial or total disability.
(b) "Home care services" means medical assistance home care services defined under section
256B.0625, subdivisions 6a, 7, and 19a.
History: 1989 c 282 art 3 s 62; 1991 c 292 art 7 s 19; 1992 c 513 art 7 s 76-78; 1Sp1993 c 1
art 5 s 80,81; 1995 c 207 art 6 s 75-78; 1996 c 451 art 5 s 25; 2001 c 161 s 48; 1Sp2001 c 9 art 3
s 47; 2002 c 379 art 1 s 113; 1Sp2005 c 4 art 3 s 10; 2006 c 212 art 3 s 20