H 3086 General Bill, By J.B. Wilder, R.A. Barber, J.M. Baxley, R.S. Corning, 
Gamble, Haskins, Kirsh, C.V. Marchbanks, J.G. Mattos, I.K. Rudnick, Scott, 
Sharpe, J.S. Shissias, C.Y. Waites, C.C. Wells and D.A. Wright

Similar(S 255)
 A Bill to amend Title 44, Chapter 38, Code of Laws of South Carolina, 1976,
 relating to head and spinal cord injuries, so as to add Article 3 to create
 the South Carolina Head and Spinal Cord Injury Service Delivery System to
 develop, coordinate, and enhance delivery of services; to designate agency
 responsibilities in the System; to establish an Advisory Council; to provide
 eligibility criteria for receiving case management services; to provide that
 this Article does not create an entitlement program; and to designate Sections
 44-38-10 through 44-38-90 as Article 1 of Chapter 38, Title 44, and to rename
 Chapter 38 of Title 44.

   01/12/93  House  Introduced and read first time HJ-39
   01/12/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-39
   02/08/94  House  Tabled in committee

A BILL

TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND

SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 44, Chapter 38 of the 1976 Code, as added by Act 457 of 1992, is amended by adding:

" Article 3

Section 44-38-310. There is established the South Carolina Head and Spinal Cord Injury Service Delivery System to develop, coordinate, and enhance the delivery of services to persons with head and spinal cord injuries. Services provided pursuant to this article supplement and do not supplant existing services or the development of new services.

Section 44-38-320. As used in this article:

(1) `System' means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article;

(2) `State Plan' means the plan developed by the State Department of Mental Retardation pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries.

Section 44-38-330. The primary functions of the system are planning, intake and referral, case management, and education and prevention. The State Department of Mental Retardation is designated as the General Services Coordinator for the system and shall perform the planning and education and prevention functions of the system. The University Affiliated Program of the University of South Carolina shall perform the intake and referral functions; and the State Department of Mental Retardation and the State Agency of the Department of Vocational Rehabilitation shall perform the case management functions.

Section 44-38-340. As General Services Coordinator, the State Department of Mental Retardation shall:

(1) develop a state plan for a comprehensive system of services for persons with head and spinal cord injuries, including short-term and long-term goals and objectives for implementing the plan;

(2) receive surveillance data from the South Carolina Head and Spinal Cord Injury Information System to use in developing and revising the state plan to meet the changing needs of this population;

(3) identify gaps in services for head and spinal cord injured persons and spearhead development of those services needed for the comprehensive system of service delivery;

(4) develop licensing, program, and contract guidelines to be used by case managers in working with service delivery agencies;

(5) in conjunction with other state agencies, prepare, coordinate, and advocate for state appropriations needed to fund and to develop services needed to implement the state plan;

(6) seek funding from other sources, private and federal, including, but not limited to, medicaid waivers and expansion of the medicaid program, to provide services outlined in the state plan;

(7) evaluate the state plan including, but not limited to, how well head and spinal cord injured persons are identified, referred, and served by the system and its impact on their quality of life, including reintegration and productivity in the community;

(8) promote public awareness through programs relating to head and spinal cord injury prevention, treatment, and rehabilitation;

(9) promote research on the causes, effects, prevention, treatment, and rehabilitation of head and spinal cord injuries.

Section 44-38-350. The University Affiliated Program, in performing the intake and referral functions of the service delivery system, shall:

(1) serve as the central and initial point for receiving referrals for case management services from the South Carolina Head and Spinal Cord Injury Information System and all other sources;

(2) determine a person's eligibility for case management services based on criteria provided in Section 44-38-370, conduct a preliminary assessment of services needed, and refer the person to the appropriate case management agency pursuant to criteria developed by the University Affiliated Program;

(3) develop policies and procedures to be used by the case managers to assure, among other things, that a person with a head or spinal cord injury receives equal access to available services and that case management services maximize the person's self-determination and self-advocacy;

(4) develop training programs for case managers and other professionals to prepare and assist them in working with persons with head and spinal cord injuries;

(5) provide technical assistance and consultation to the General Services Coordinator and other agencies providing services under this article;

(6) upon request provide consultation and technical assistance to an agency and its clients who have been referred or who are receiving services under this article if a complaint arises or if a problem develops which interferes with the client receiving services.

Section 44-38-360. The State Agency of Vocational Rehabilitation and the State Department of Mental Retardation, in carrying out the case management function of the system shall:

(1) receive referrals from the University Affiliated Program and develop, in conjunction with service providers, where appropriate, an individualized treatment plan designed to meet the specific needs of that person;

(2) coordinate the delivery of services and assure that services are appropriate and delivered in a timely manner;

(3) seek funds for special services from federal, state, or private sources, as appropriate, for services needed to carry out the individualized treatment plan;

(4) advocate for persons with head and spinal cord injuries to assist them in receiving equal access to services and services which promote independence and productivity.

Section 44-38-370. A person is eligible for case management services under this article when at the time of determining eligibility the person has a severe chronic limitation that:

(1) is attributed to a physical impairment, including head injury, spinal cord injury, or both, or a similar disability, regardless of the age of onset but not associated with the process of a progressive degenerative illness or disease, dementia, or a neurological disorder related to aging;

(2) is likely to continue indefinitely without intervention;

(3) results in substantial functional limitations in at least two of these life activities:

(a) self-care;

(b) receptive and expressive communication;

(c) learning;

(d) mobility;

(e) self-direction;

(f) capacity for independent living;

(g) economic self-sufficiency; and

(4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care or treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.

Section 44-38-380. (A) There is created an Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System composed of:

(1) the following members or a designee, who shall serve ex officio:

(a) Chairperson for the Joint Legislative Committee for the Disabled;

(b) Commissioner of the State Department of Mental Retardation;

(c) Commissioner of the State Agency for Vocational Rehabilitation;

(d) Director of the University Affiliated Program of the University of South Carolina;

(e) Director of the South Carolina Developmental Disabilities Council;

(f) Director of Special Education of the State Department of Education;

(g) Director of the Interagency Office of Disability Prevention;

(h) Executive Director of the Continuum of Care for Emotionally Disturbed Children;

(i) Executive Director of the South Carolina Health and Human Services Finance Commission;

(j) Commissioner of the State Department of Mental Health; (k) Commissioner of the South Carolina Department of Health and Environmental Control;

(l) Commissioner of the South Carolina Commission for the Blind;

(2) the following members or a designee:

(a) President of the South Carolina Head Injury Association;

(b) President of the South Carolina Association of Independent Head Injury Groups;

(c) President of the South Carolina Spinal Cord Injury Association;

(d) Director of the South Carolina Disabilities Research Commission;

(3) the following members to be appointed by the Governor for four-year terms and until their successors are appointed and qualified:

(a) three health care providers knowledgeable in head injuries and spinal cord injuries;

(b) three consumers of case management services or family members or legal guardians of consumers of case management services.

(B) The Governor, with recommendation from the Chairperson of the Joint Legislative Committee for the Disabled, shall appoint a primary or secondary consumer of services of the system as chairperson of the council for a two-year term; no person may serve more than one term as chairperson.

(C) Members of the Advisory Council shall serve at no expense to the State.

(D) The Advisory Council shall work with the State Department of Mental Retardation, the State Agency of Vocational Rehabilitation, and the University Affiliated Program of the University of South Carolina in carrying out their responsibilities under this article. In working with these agencies the council shall, but is not limited to:

(1) providing oversight for the implementation of the state plan and operation of the system;

(2) reviewing budget matters related to the system and the responsibilities of the agencies within the system;

(3) monitoring effectiveness of the state plan.

Section 44-38-390. Nothing contained in this article may be construed to establish or authorize creation of an entitlement program or benefit."

SECTION 2. Of those members first appointed to the Advisory Council to the State Head and Spinal Cord Service Delivery System pursuant to Section 44-38-380(A)(3)(a) and (b), two of the health care providers and two of the consumers or family members of consumers shall serve four-year terms and one health care provider and one consumer or family member of a consumer shall serve two-year terms.

SECTION 3. Implementation of the South Carolina Head and Spinal Cord Injury Service Delivery System as created in Section 1 of this act and requirements under this act are contingent upon annual appropriations of sufficient funding.

SECTION 4. Sections 44-38-10 through 44-38-90 of the 1976 Code are designated as Article 1 of Chapter 38, Title 44, and entitled "Head and Spinal Cord Injury Information System" and all references to "chapter" within these code sections must be changed to "article". The title of Chapter 38, Title 44, is changed to "Head and Spinal Cord Injuries".

SECTION 5. This act takes effect upon approval by the Governor.