50-06.4 Traumatic Brain Injuries - North Dakota Statutes

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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
physical force resulting in total or partial disability or impairment, including open and
closed head injuries that may result in mild, moderate, or severe impairments in one
or more areas including cognition, language, memory, attention, reasoning, abstract
thinking, judgment, problem-solving, sensory perceptual and motor abilities,
psychosocial behavior, physical functioning, information processing, and speech.
The term does not include brain injuries that are congenital or degenerative or brain
injuries induced by birth trauma, but may include brain injuries caused by anoxia and
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
services to persons with traumatic brain injury. At least annually the department shall call a joint
meeting of the adjutant general, the state department of health, the department of veterans'
affairs, and the superintendent of public instruction to discuss the provision of services to
individuals with traumatic brain injury. State agencies and political subdivision agencies shall
cooperate with the department to permit the department to efficiently coordinate services to
persons with traumatic brain injury while avoiding duplication of services. Neither this chapter,
nor any activity undertaken by the department under this chapter, may be construed as creating
a right to any benefit or service not specifically required to be granted as a condition of the receipt
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
title, to carry out this chapter. The department may seek appropriate waivers of the requirements
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
purpose of providing or coordinating services to persons with traumatic brain injury by any federal
agency or department or any private agency or individual. Funds received by the department
under this section must be deposited in the state treasury in a special fund designated as the
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
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,
including federal sources, for any purpose involving traumatic brain injuries or the provision of
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
informal supports to individuals with traumatic brain injury. As used in this section,
"informal supports" includes information sharing and referral services, peer
mentoring, training, facilitation of support groups, public awareness efforts, and
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
individuals with traumatic brain injury;b.Agree to work in cooperation with the department, case managers, and
veterans' service officers; andc.Agree to consult with veterans and other individuals having a traumatic brain
injury, their families, and their caregivers.3.The department is exempt from complying with chapter 54-44.4 with respect to
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
traumatic brain injury, if the department determines that available vocational rehabilitative
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
consultation to individuals with traumatic brain injury who receive case management for personal
care services. Services under this section include extended support for individuals at risk of
losing their employment upon exhausting their vocational services.Page No. 2Document Outlinechapter 50-06.4 traumatic brain injuries