Current through Reg. 49, No. 38; September 20, 2024
(a)
Statutory authority. The Texas Brain Injury Advisory Council (TBIAC) is
established under Texas Government Code §
531.012 and is
subject to §351.801 of this division (relating to Authority and General
Provisions).
(b) Purpose. The TBIAC
advises the Texas Health and Human Services Commission (HHSC) Executive
Commissioner and the Health and Human Services system on strategic planning,
policy, rules, and services related to the prevention of brain injury;
rehabilitation; and the provision of long-term services and supports for
persons who have survived brain injuries to improve their quality of life and
ability to function independently in the home and community.
(c) Tasks. The TBIAC performs the following
tasks:
(1) informs state leadership of the
needs of persons who have survived a brain injury and their families regarding
rehabilitation and the provision of long-term services and supports to improve
health and functioning that leads to achieving maximum independence in home and
community living and participation;
(2) encourages research into the causes and
effects of brain injuries as well as promising and best practice approaches for
prevention, early intervention, treatment and care of brain injuries and the
provision of long-term services and supports;
(3) recommends policies that facilitate the
implementation of the most current promising and evidence-based practices for
the care, rehabilitation, and the provision of long-term services and supports
to persons who have survived a brain injury;
(4) promotes brain injury awareness,
education, and implementation of health promotion and prevention strategies
across Texas;
(5) facilitates the
development of partnerships among diverse public and private provider and
consumer stakeholder groups to develop and implement sustainable service and
support strategies that meet the complex needs of persons who have survived a
brain injury and those experiencing co-occurring conditions; and
(6) adopts bylaws to guide the operation of
the TBIAC.
(d) Reporting
requirements.
(1) Reporting to the HHSC
Executive Commissioner. By November 1 of each year, the TBIAC files an annual
written report with the HHSC Executive Commissioner covering the meetings and
activities in the immediately preceding fiscal year and reports any
recommendations to the HHSC Executive Commissioner at a meeting of the Texas
Health and Human Services Commission Executive Council. The report includes:
(A) a list of the meeting dates;
(B) the members' attendance
records;
(C) a brief description of
actions taken by the TBIAC;
(D) a
description of how the TBIAC accomplished its tasks;
(E) a description of activities the TBIAC
anticipates undertaking in the next fiscal year;
(F) recommendations made by the TBIAC, if
any;
(G) recommended amendments to
this section; and
(H) the costs
related to the TBIAC, including the cost of HHSC staff time spent supporting
the TBIAC's activities and the source of funds used to support the TBIAC's
activities.
(2) Reporting
to Texas Legislature. The TBIAC shall submit a written report to the Texas
Legislature of any policy recommendations made to the HHSC Executive
Commissioner by December 1 of each even-numbered year.
(e) Meetings.
(1) Open Meetings. The TBIAC complies with
the requirements for open meetings under Texas Government Code Chapter 551 as
if it were a governmental body.
(2)
Frequency. The TBIAC will meet quarterly.
(3) Quorum. Eight members constitute a
quorum.
(f) Membership.
(1) The TBIAC is composed of 15 members
appointed by the HHSC Executive Commissioner representing the categories below.
In selecting members to serve on the TBIAC, HHSC considers the applicants'
qualifications, background, geographic location, and interest in serving.
(A) One representative from acute hospital
trauma units.
(B) One
representative from post-acute rehabilitation facilities.
(C) One representative of a long-term care
facility that serves persons who have survived a brain injury.
(D) One healthcare practitioner or service
provider who has specialized training or interest in the prevention of brain
injuries or the care, treatment, and rehabilitation of persons who have
survived a brain injury.
(E) One
representative of an institution of higher education engaged in research that
impacts persons who have survived a brain injury.
(F) Five persons who have survived a brain
injury representing diverse ethnic or cultural groups and geographic regions of
Texas, with:
(i) at least one of these being a
transition age youth (age 18-26);
(ii) at least one of these being a person who
has survived a traumatic brain injury; and
(iii) at least one of these being a person
who has survived a non-traumatic brain injury.
(G) Four family members actively involved in
the care of loved ones who have sustained a brain injury, with:
(i) at least one of these being a person
whose loved one has survived a traumatic brain injury; and
(ii) at least one of these being a person
whose loved one has survived a non-traumatic brain injury.
(H) One representative from the stroke
committee of the Governor's Emergency Medical Services (EMS) & Trauma
Advisory Council or other stakeholder group with a focus on stroke.
(2) Members are appointed for
staggered terms so that the terms of five, or almost five, members expire on
December 31 of each year. Regardless of the term limit, a member serves until
his or her replacement has been appointed. This ensures sufficient, appropriate
representation.
(A) If a vacancy occurs, the
HHSC Executive Commissioner will appoint a person to serve the unexpired
portion of that term.
(B) Except as
may be necessary to stagger terms, the term of each member is three years. A
member may apply to serve one additional term.
(g) Officers. The TBIAC selects a chair and
vice chair of the TBIAC from among its members. The chair or the vice chair
must be a person who has survived a brain injury or a family member actively
involved in the care of a loved one who has survived a brain injury.
(1) The chair serves until December 31 of
each even-numbered year. The vice chair serves until December 31 of each
odd-numbered year.
(2) A member may
serve up to two consecutive terms as chair or vice chair.
(h) Required Training. Each member must
complete training on relevant statutes and rules, including this section and
§351.801 of this division; Texas Government Code §
531.012, Chapters
551, 552, and 2110; the HHS Ethics Policy; the Advisory Committee Member Code
of Conduct; and other relevant HHS policies. Training will be provided by
HHSC.
(i) Travel Reimbursement. To
the extent permitted by the current General Appropriations Act, a member of the
TBIAC may be reimbursed for their travel to and from meetings if funds are
appropriated and available and in accordance with the HHSC Travel
Policy.
(j) Date of abolition. The
TBIAC is abolished and this section expires on July 1, 2028, in compliance with
Texas Government Code §
2110.008(b).
