HR45 HD1

WHEREAS, every year, approximately 1.9 million people in the United States experience traumatic brain injuries; and

WHEREAS, the physical consequences of a traumatic brain injury include impaired speech, vision and hearing loss, headaches, muscle spasticity, paralysis, and seizure disorders; and

WHEREAS, the cognitive consequences of a traumatic brain injury include memory deficits, limited concentration, impaired perception and communication, and difficulty reading, writing, planning, and with judgment; and

WHEREAS, the psychological, social, behavioral, and emotional consequences of a traumatic brain injury include fatigue, mood swings, denial, anxiety, depression, lack of motivation, and problems with interpersonal skills; and

WHEREAS, advances in neurosurgery and rehabilitation therapy have dramatically increased the number of traumatic brain injury survivors, but little has been accomplished to help them adjust to their lives after experiencing a traumatic brain injury; and

WHEREAS, there is a large community of individuals who are affected by traumatic brain injuries in Hawaii; and

WHEREAS, the State lacks effective, affordable treatment and rehabilitation programs and community support for these individuals, their families, and their caregivers that could facilitate their independent living; and

WHEREAS, in 1997, the Legislature passed Act 333, establishing the Traumatic Brain Injury Advisory Board to help the Department of Health (DOH) develop and implement a comprehensive plan to address the needs of persons affected by traumatic brain injuries; and

WHEREAS, in 2002, the Legislature passed Act 160 (Act 160), which recognized the needs of individuals who suffer from the physical, cognitive, and behavioral consequences of neurotrauma, which includes traumatic brain injuries; and

WHEREAS, the Neurotrauma Special Fund (Neurotrauma Fund) was established to provide education, help individuals and families identify and obtain access to services, and create a neurotrauma registry; and

WHEREAS, while there was no specific provision in Act 160 to fund direct services to neurotrauma survivors, the Conference Committee Report for Act 160 noted that the Department of Health and the Neurotrauma Advisory Board would gather data to determine the extent to which direct services could reasonably be funded within the limits of the resources in the Neurotrauma Fund; and

WHEREAS, in 2006, the Governor vetoed a measure that was passed by the Legislature that directed moneys from the Neurotrauma Fund be used by DOH and the Department of Human Services (DHS) to apply for a federal waiver; and

WHEREAS, if DOH and DHS apply for and receive a federal traumatic brain injury waiver, the State would be able to match federal funds; and

WHEREAS, this federal revenue maximization would yield approximately twice as much money for the provision of needed traumatic brain injury services; and

WHEREAS, DOH and DHS should collaborate and apply for a federal traumatic brain injury and neurotrauma waiver; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, that DOH and DHS are requested to collaborate and apply for a federal traumatic brain injury and neurotrauma waiver no later than December 31, 2008; and

BE IT FURTHER RESOLVED that in formulating an application for a federal traumatic brain injury waiver, the Departments of Health and Human Services are requested to consult with community stakeholders, such as the Traumatic Brain Injury Advisory Board and the Neurotrauma Advisory Board, to determine services that need to be included in the waiver; and

BE IT FURTHER RESOLVED that the Departments of Health and Human Services are requested to submit an interim report to the Legislature no later than twenty days prior to the convening of the 2008 Regular Session, and a final report to the Legislature no later than twenty days prior to the convening of the 2009 Regular Session; and

BE IT FURTHER RESOLVED that the interim report include:

(1) A detailed time line for completion of the waiver application;

(2) The number of individuals expected to be served by the waiver;

(3) The services that will be included in the waiver; and

(4) A recommendation regarding whether the State's portion of the waiver's financial commitment should be funded exclusively by general fund appropriations or using some portion of moneys from the Neurotrauma Special Fund; and

BE IT FURTHER RESOLVED that DOH and DHS should include sufficient appropriations to meet the financial requirements under the terms of the waiver in their Executive Budget requests; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health, Director of Human Services, Chair of the Traumatic Brain Injury Advisory Board, and Chair of the Neurotrauma Advisory Board.

Report Title:

Neurotrauma Special Fund; Traumatic Brain Injury and Neurotrauma Waiver

HOUSE OF REPRESENTATIVES	H.R. NO.	45
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII