Report Title:

Neurotrauma Special Fund

Description:

Allows money from the neurotrauma special fund to be used for direct services to individuals with neurotrauma; requires the department of human services to apply for a federal waiver for the use of moneys from the fund.

HOUSE OF REPRESENTATIVES	H.B. NO.	203
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to neurotrauma.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  In 2002, the legislature passed Act 160, Session Laws of Hawaii, which recognized the needs of individuals who suffer from the physical, cognitive, and behavioral consequences of neurotrauma.  A special fund was established to provide for neurotrauma education, assistance to individuals and families to identify and obtain access to services, and the creation of a neurotrauma registry within the State.

     While there was no provision in the measure to fund direct services to neurotrauma survivors, the conference committee report 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 available in the special fund.  The conference committee report also noted that this information would be presented during the next legislative session so that the issue could be revisited.

     The legislature finds that the neurotrauma special fund has collected nearly $1,500,000 since the fund began in January 2003.  Based upon that finding as well as the need for services that exists among individuals with neurotrauma, the legislature finds that it is appropriate to permit funds from the neurotrauma special fund to be used to pay for direct services to individuals suffering from neurotrauma.

     The legislature also finds that moneys from the neurotrauma fund should be appropriated to obtain federal and private grant matching funds and create a "traumatic brain injury waiver."  The legislature finds that state funds should be used to maximize the receipt of federal funds whenever feasible.

     The purpose of this Act is to allow the neurotrauma special fund to be used to pay for direct services to neurotraumatic survivors and require that money from the special fund be appropriated to obtain federal and private grant matching funds.

     SECTION 2.  Section 321H-4, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

     "(b)  The fund shall be used for the purpose of funding and contracting for services relating to neurotrauma as follows:

     (1)  Education on neurotrauma;

     (2)  Assistance to individuals and families to identify and obtain access to services;

     (3)  Creation of a registry of neurotrauma injuries within the State to identify incidence, prevalence, individual needs, and related information; [and]

(4) Direct services that assist individuals with neurotraumatic injuries; and

    [(4)] (5)  Necessary administrative expenses to carry out this chapter not to exceed two per cent of the total amount collected.

     (c)  Moneys in the neurotrauma special fund [may] shall be appropriated to obtain federal and private grant matching funds, subject to section 321H-4(a)(2)."

     SECTION 3.  The department of human services shall apply for any federal waivers necessary for the use of moneys from the fund for the purpose of this Act no later than December 31, 2008.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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