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FACT SHEET AB 398 (MONNING/CHESBRO) ACQUIRED TRAUMATIC BRAIN INJURY: STATE ADMINISTRATION AND OVERSIGHT
What The Bill Does
Since 1988, the California Traumatic Brain Injury (TBI) Program has been administered by the Department of Mental Health (DMH). AB 398 would transfer the administrative oversight over the California TBI Program from DMH to the Department of Rehabilitation (DOR). AB 398 promotes governmental efficiency and streamlines the delivery of services to TBI survivors because DOR is the state agency that is best suited to administer the services they need to live productive and independent lives. Background Information
AB 398 is jointly sponsored by the California Foundation for Independent Living Centers (CFILC) and Traumatic Brain Injury Services of California (TBISCA). CFILC is a nonprofit disability community advocacy membership organization comprised of Independent Living Centers located throughout California that deliver programs and services to assist people with disabilities in maximizing their opportunities to work and live independently in their communities. TBISCA is an association of the seven sites that have been contracted by the state to provide a continuum of community services for adults with traumatic brain injuries. TBI is a growing public health program in the civilian and military populations of the United States. The Centers for Disease Control estimates that 1.4 million TBIs occur annually among civilians. Each year, TBI results in 50,000 deaths and leaves 80,000 to 90,000 civilians with a disability. These figures are even more alarming because they do not incorporate the rapidly growing number of TBIs inflicted upon armed service personnel wounded in the wars in Iraq and Afghanistan. The vast majority of TBIs are directly attributable to falls, motor vehicle crashes, assaults, and other incidents and they are the leading cause of disability for young people. In the military, medical advances and more rapid evacuations are enabling significantly higher percentages of military personnel in combat zones to survive TBIs. These war-related TBIs typically emanate from shock wave blasts from military vehicle accidents, improvised explosive devices, rocket propelled grenades, and land mines. Current data further indicates that TBIs are a leading cause for incapacitating disabilities. At least 5.3 million children and adults throughout the nation live with a long-term disability resulting from TBI. California has the highest number of cases in the nation with over 350,000 TBI survivors. California’s TBI sites do not currently serve military TBI survivors because they lack the capacity and funding levels that are required to meet their unique needs. However, given the increased media and public attention has been focused upon military TBI survivors, they are hopeful that Congress may enact legislation that would create future opportunities for them to apply for and secure the programs and services to support this important population segment. Need for the Bill The transfer of administrative oversight over California’s TBI Program is necessary because TBIs are primarily a physical injury, rather than a mental health condition. The purpose of the California TBI program is to provide coordinated services to TBI survivors and their families. TBISCA has long advocated for the transfer of the program from DMH and DOR. Recent informal discussions with representatives from those agencies and other affected state agencies have indicated that they may be more amenable to the transfer and are offering technical assistance and guidance in crafting the appropriate statutory language. DOR is highly experienced in administering programs that provide physical and vocational rehabilitation, peer counseling, job referrals and training, and other supportive services for people with disabilities. The department also currently oversees the programs and services delivered by California’s Independent Living Centers. These program components are specifically designed to promote independent living, which is a mission shared by the TBI sites. Thus, AB 398 represents a genuine opportunity to improve the lives of TBI survivors and their families. DOR has a significantly greater administrative capacity and the proven expertise to evaluate and provide technical assistance to the TBI sites. Moreover, the bill maximizes government efficiency and cost-effectiveness to coordinate the delivery of high quality programs and services for people with TBIs. If you have any questions or need any additional information, please contact the following individuals: Charlotte Maxwell Newhart, CFILC Lobbyist Henry J. Contreras, CFILC Public Policy Director
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