Approach
to Task Force:
·
How should the work be divided? Divide questions among the group? Form separate sub-groups to answer
sub-topics?
·
Should people from the outside be invited to
serve?
·
Would having guest speakers help?
·
Schedule Task Group Meetings and create a work
plan.
Resource Information
Do we have a chart that
shows the following data re: States? FWO
States with Advisory
Council:
AL, CT,
FL, IA, IL, MA, MI, MN, MO, NE, NM, OH, OK, SC, TN, VA, WA, WV
States with Legislated Advisory Councils:
Texas and Nevada are quasi-governmental entities funded by a mix of
federal and state dollars but carried out by a private sector contractor
Typical Advisory
Councils roles and responsibilities may include:
·Assccessing the needs of the brain
injury community within respective states;
·Coordinating interagency collaboration and linkages
between government and non-government entities; (not if strictly
advisory?)
·Planning and advocating for the development of a
service system;
·Advocating for higher priority for
serving increased dollars to serve persons with brain injuries;
·Developing effective public policy strategies; [fwo
note: don’t want to insist on more dollars if changing priorities can get the
job done?]
·Providing advice to governmental and legislative
bodies about the needs of the brain injury community; and
·Collaborating with lead State Agency in developing Providing education,
training and outreach services.
·
Issues to be addressed
in formulating an Advisory Council proposal:
§
e.g., mission of
council?; functions of council? # and composition of
members?; organizational
location? Staffing? Budget?, etc.
Appendix XXAttachment A: Oregon Commission
and Boards with Statutes
DISABILITIES COMMISSION,
OREGON
ORS
185.130
Senate
Confirmation Required
Identifies
and publicizes the needs and rights of individuals with disabilities; advises the
Legislature, the Governor, state, public and private agencies on disability issues;
coordinates interagency delivery of disability related services; promotes
rehabilitation and employment of the disabled.
Membership:
·
Total: 15
·
Governor Appoints: 15
·
Other Appointments: 0
Position
Requirements:
·Majority
of members shall have disabilities
·
[Why do we need the agency
history in following material about ODC? And, since ODC has programs I wouldn’t
put it first. Reason for inclusion is that the role of ODC should be understood
in
formulating proposal for another advisoyr body on disabilities. FWO]
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Oregon
Disabilities Commission - Agency History
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The Oregon Disabilities Commission provides
advice to the state Senior and Disabled Services Division. The
following agency history provides information on the evolution of that
division.
Introduction
The Senior and Disabled Services Division [SDSD]
serves senior citizens and people with disabilities through programs that
encourage independence, dignity and quality of life. Services are provided
through state field offices and Area Agencies on Aging, placing emphasis on
local planning, decision making and service delivery.
The Division is designated as the State Unit on
Aging, responsible for administering the federal Older Americans Act and the
state funded Oregon Project Independence.
The Division is advised by the Governor's
Commission on Senior Services, the Oregon Disabilities Commission, the
Medicaid Long Term Care Quality and Reimbursement Advisory Council, and
Disability Services Advisory Councils throughout the state.
Revenue is from a variety of federal funds such
as Title XIX, Title XVIII, Older Americans Act, and food stamps. Other
sources include state appropriated funds, and a variety of fees, collections
and recoveries.
History
Planning and concern for the elderly began in
earnest in 1957 with a State Council on Aging (ORS 414). Its duties included
many of the same functions as those of the current Division. The Council was
abolished in July 1963.
In 1975, the Legislative Assembly directed the
Department of Human Resources to develop and place in effect a program of
supportive social services for persons age 60 or older. At the same time a
position of Special Assistant for Programs for the Elderly in the Office of
the Director of the Department of Human Resources was created. This
position's duties, besides being executive officer of the Governor's
Committee on Aging, were to coordinate the various programs within the
department that related to aging and to act as an advocate for senior
citizens.
In 1977, the Office of Elderly Affairs was
established. It combined into one agency the State Program on Aging and
Office of the Special Assistant on Elderly Programs. The Office's duties were
to administer and manage federal funds for local and regional service
programs under Title III (community grants), Title VII (nutrition programs),
and other titles in the Older Americans Act.
Oregon Project Independence was created by the
1977 Legislative Assembly to provide support services for elderly persons
diagnosed as having Alzeimer's disease or a related disorder. The state
funded Project Independence program provides support services for those who
are 1) 60 and older and, 2) without outside help and on the verge of entering
an institution, but 3) not under Title XIX of the Social Service Block Grant.
A priority system seeks to prevent the institutionalization of individuals
who can be kept at home or elsewhere short of some type of
institutionalization by giving them (on a fee schedule) homemaking,
housekeeping, chores, escorts, home health and/or personal care assistance.
In 1981, the Legislative Assembly established the
Senior Services Division as the single state Agency to receive and disburse
federal funds under Titles XIX and XX of the Social Security Act, the Older
American Act, and state funds under Project Independence. The Division was to
disburse the funds to local Area Agencies on Aging. The local agencies were
to administer necessary care and services. This was the first time, in any
state, that a single administrative unit was assigned all these
responsibilities.
Nineteen eighty seven saw the duty of licensing
long term care facilities transferred to the Senior Services Division from
the Health Division. The Division also was given responsibility to license
and regulate Adult Foster Homes.
In 1989, the Senior Services Division became the
Senior and Disabled Services Division. The Legislative Assembly transferred
to the Division the responsibility to determine eligibility for cash, medical
assistance, and food stamps for virtually all elderly persons and persons
with disabilities. It was also given responsibility to license and regulate
Retirement Communities.
In 1991, the Division was charged with licensing
and regulating Residential Treatment Facilities. It was also directed to
develop a registry of and voluntary rules for Adult Day Care facilities for
functionally or cognitively impaired adults.
The 1995 Legislative Assembly created the
Medicaid Long Term Care Quality and Reimbursement Advisory Council. The
12-member Council acts in an advisory capacity to the Senior and Disabled
Services Division on matters pertaining to quality of long term care
facilities and community-based care facilities and reimbursement for long
term care facilities and community-based care services.
The Elder Abuse Prevention Act was enacted by the
1995 Legislative Assembly to provide a specific legal means of relief for
persons over 65 who are in immediate and present danger of being abused,
neglected or abandoned. Any elderly person who has been the victim of abuse
within the preceding 180 days may petition the circuit court for relief. The
act requires the Division to provide information about local adult protective
services, domestic violence shelters and local legal services to the circuit
courts to be given to elderly persons who have filed petitions for relief of
abuse.
Organization And Duties Of The Division
Structurally a Division in the Department of
Human Resources, Senior Services was originally composed of three parts -
Central Office, Field Branch, and Field Volunteers. The Central Office
originally consisted of the Administrator's Office, Business Services
Section, Audit and Data Processing Section, Program Operations Section, and
Field Operations Section. The Administrator's Office's was to staff the
Governor's Commission on Senior Services, coordinate with the Long Term Care
Ombudsman (at that time in the Governor's Office), and administer the
Advocacy Assistance Grant.
The Senior Services Division provided support for
the Long Term Care Ombudsman program which was located in the Governor's
Office. This support was funded from the Advocacy Assistance Grant and Title
IV-A Older Americans Act training funds.
The Business Services Section was responsible for
budgeting, accounting, and distributing commodities to Area Agencies on
Aging, payment of invoices, financial reporting, maintaining the Federal Cost
Allocation Plan, developing and administering contracts, and providing
payroll, purchasing, property, communications, vehicle, forms control and
records management services.
The Audit and Data Processing Section reviewed
the financial records and reports from nursing facilities providing services
to Medicaid residents. The data gathered was used to establish reimbursement
rates for each facility and to compute ceiling rates.
The Program Operations Section wrote and
published Oregon Administrative Rules and program policy and procedures, and
developed, prepared, and monitored the Long Term Care budget. In short, this
section set the direction for program and services provided elderly and
certain disabled persons. Furthermore, it ran the Senior Community Services
Employment Program (Title V Older Americans Act). This program permitted part
time work for low income persons who were at least 55 years old. Finally, the
section contracted with the Health Division to certify nursing facilities for
Medicaid and to license residential care facilities and contracted with the
Oregon Foundation for Medical Care for quality assurance of resident care and
utilization review for Medicaid nursing facility residents.
Field Operations Section supervised employees in
field offices, the volunteer program, coordinated training for the Division,
and provided liaison and technical support to Area Agencies on Aging in the
eighteen AAA districts.
Two types of Area Agencies on Aging were created
by the Legislative Assembly. Type A date from the Office of Elderly Affairs.
These units operate the programs under the Older Americans Act and Oregon
Project Independence. Here the functions of Senior Services Units remain
under direct Division control. Type B is an alternative encouraged by federal
law and permitted by state law when the Division was established. These units
can administer all existing programs regardless of fund origins.
Current Organization
The Division is currently composed of the
Administrator's Office, the Long Term Care Quality Section, the Program and
Resource Development Section, the Field Services Section, the Research and
Finance Section, and the Consumer Relations and Community Education Section.
The Division Administrator's Office provides
overall administrative and program direction for the Division. Specific
functions include coordination with other Divisions of the Department of
Human Resources, state and federal agencies, the Legislative Assembly,
advocacy groups, and providers. Contracting and other administrative support
services are also provided by the DHR Director's Office.
The Long Term Care Quality Section was formed as
a result of the 1997 Division realignment. It oversees the Community Based
Care Policy and Rule Team, Community Based Care Quality Improvement Team,
Community Based Care Standards of Practice Team, Community Based Care
Corrective Action Team, Nursing Facility Policy and Corrective Action Team,
Nursing Facility Utilization and Review Team, Nursing Facility Licensing
Program, Nursing Facility Care Quality Improvement Unit, and three Client
Care Monitoring Units.
The Community Based Care Policy and Rule Team
develops policies and Oregon Administrative Rules covering the operation of
Adult Foster Care facilities, Residential Foster Care facilities, Continuing
Care Retirement Centers, Assisted Living Facilities, and In-home services.
The Community Based Care Quality Improvement Team
performs random monitoring of community based care facilities such as Adult
Foster Care facilities, Residential Foster Care facilities, Continuing Care
Retirement Centers, and Assisted Living Facilities. The Team observes and
evaluates the operation of each facility for the purpose of providing
assistance and training. The Team refers problems to SDSD Field offices to
investigate. Legitimate complaints are then forwarded to the Community Based
Care Corrective Action Team.
The Community Based Care Standards of Practice
Team develops standards of practice for the staffs of Adult Foster Care
facilities, Residential Foster Care facilities, Continuing Care Retirement
Centers, Assisted Living Facilities, and In-home services. The team also
develops and presents training to facility staff members.
The Community Based Care Corrective Action Team
receives complaints and investigations from Division field offices regarding
Adult Foster Care facilities, Residential Care facilities, Continuing Care
Retirement Centers and Assisted Living Facilities. They also receive
community complaints regarding persons in their own homes. The team evaluates
the complaint to see if a Division Administrative Rule has been violated. It
then determines the appropriate sanction to impose. Sanctions include civil
penalty, conditions on the facility's license, and revoking the license. If
the facility does not respond to a civil penalty their Medicaid funding can be
stopped. Facility operators may appeal a sanction at an informal hearing, or
a formal Administrative Hearing at the field office.
The Nursing Facility Licensing Program licenses
Nursing Homes, Assisted Living Facilities, and Residential Care Facilities.
Each facility must be licensed to begin operation and before ownership
changes. Licenses are renewed annually.
The Nursing Facility Utilization Review Team
reviews and evaluates the level of care given to nursing home patients to
determine if their care warrants additional Medicaid reimbursement to the
facility for complex medical services. A Resident Care Review Specialist
visits each facility and evaluates individual patient charts to determine if
the patient's condition requires aggressive medical treatment involving
additional time or complex skills above normal treatment levels. Information
gathered from individual patient records is then used to determine if the
facility should receive, or continue to receive, additional Medicaid
reimbursement for complex medical services for specific patients.
The Nursing Facility Policy and Corrective Action
Team receives complaints and investigations from Division field offices
regarding Nursing Facilities. The team evaluates the complaint to see if a
Division Administrative Rule has been violated. It then determines the
appropriate sanction to impose. Sanctions include civil penalty, conditions
on the facility's license, and revoking the license. If the facility does not
respond to a civil penalty their Medicare/Medicaid funding can be stopped.
The program also develops patient care policies for nursing facilities.
The Client Care Monitoring Units operate a
statewide program which performs federally mandated surveys for
Medicare/Medicaid certification of long term care facilities and for state
licensure of long term care and residential care facilities. These no-notice
surveys are intended to ensure that care and services rendered to residents
of these facilities are adequate and of appropriate quality. The federal Health
Care Financing Administration does spot checks of random facilities. The Unit
also does complaint investigation of facility-wide problems. Currently there
are CCMU's in Tualatin, Albany and Medford.
The Program and Resource Development Section is
responsible for developing programs and resources to meet the needs of a
dramatically expanding elderly and disabled population. This Section was
formed as a result of the 1997 realignment of Senior and Disabled Services
Division. Its primary work will be to coordinate and collaborate with senior
and disabled advocates, other elements of the Department of Human Resources,
other government agencies, private, non-profit agencies, and the business
community. It will direct its efforts to plan and implement specific long-term
priorities and objectives in support of SDSD's Strategic Plan.
The Field Services Section oversees the Training
and Education Unit, Provider Services Unit, Senior Employment Coordinator,
Field Services Unit, Office Planning Unit, and Division Field offices.
The Training and Education Unit provides
long-range staff development for Senior and Disabled Services Division and
Area Agencies on Aging employees and volunteers.
The Provider Services Unit is responsible for
ensuring that facilities, firms and individuals who provide health care and
related services to SDSD clients are paid for their services in a timely
fashion. The Unit enrolls businesses and/or individuals who have been
certified or licensed to provide services to SDSD clients. It also identifies
and recovers overpayments. The providers consist of Nursing Homes, Assisted
Living Facilities, Residential Care Facilities, Adult Foster Care Homes,
client employed providers, meal site providers and contract nurses. These
providers are paid by SDSD from Medicaid, Oregon Project Independence, and
state funds.
The IVES Program [Income, Verification,
Eligibility System] discovers income discrepancies by matching IRS 1099
information with income information in SDSD Client Case Files.
The Provider Services Unit Non-Medical
Transportation Program is responsible for developing a statewide system to
provide non-medical transportation for Division clients residing in community
based care.
In addition a Unit Health Plan Coordinator
provides information and training to Field Staff and other Division employees
to ensure that they are able to administer the Oregon Health Plan in
accordance with established laws, rules and policies.
The Consumer Complaints Coordinator ensures that
consumer complaints are handled expediently and appropriately.
The Senior Employment Coordinator administers
grants and contracts associated with Title V of the Older Americans Act which
provides part-time, community service employment for low-income individuals
age 55 and over. The Division receives grants from the U. S. Department of
Labor and issues 1-year contracts to employment and training agencies around
the state to implement the program at the local level.
The Field Services Unit supervises the field
office managers and provides administrative and technical support to field
office managers and staff. The Unit also provides interpretation of federal
regulations and Division polices and procedures and helps coordinate case
management.
Field Offices provide direct assistance to
elderly and disabled clients. There are two basic types of field offices.
Disability Services Offices (DSO) provide services to people between 18 and
65 with disabilities. Multi-Service Offices (MSO) provide services to both
elderly and disabled clients. The Division contracts with Area Agencies on
Aging (AAA) to provide services in many communities. Some of these agencies
are under local governments, others are nonprofit private organizations.
Types of federal public assistance provided include Medicaid, General Assistance,
and food stamps.
Field offices provide a variety of services
designed to assist elderly and disabled persons to live as independently as
possible. Specific services to clients include home and personal care and
special needs such as wheelchair ramps and home delivered meals. Services
also include substitute living arrangements such Adult Foster Homes,
Residential Care Facilities, and nursing facility placement. The state funded
Oregon Project Independence provides assistance to persons diagnosed with
Alzheimer's disease or related disorders.
All field offices perform the same basic
functions for elderly and/or disabled clients. Specific functions include
eligibility determination, needs assessment and developing an individual case
plan to meet needs, case management, coordination of service delivery, client
advocacy, elder abuse and community protective services, and information and
referral.
The Office Planning Unit procures facilities,
equipment and support for field offices. The Unit negotiates and administers
leases and agreements for office space and related services including
telecommunications. It plans office space utilization and coordinates moves.
In addition the Office Planning Unit coordinates risk management for the
Division. It acts as a point of contact with the State Motor Pool and
monitors state and rental car usage.
Research and Finance Section includes the Budget
Unit, the Estate Administration Unit, the Financial Audit Unit, the Program
Analysis Unit, and staff support to the Medicaid Long Term Care Quality and
Reimbursement Advisory Council.
The Budget Unit develops the Division's biennial
budget and monitors budget expenditures during the biennium. The Unit also
revises the budget semi-annually for re submission to the Emergency Board.
The Estate Administration Unit recovers funds
from the estates of deceased clients for medical assistance paid on their
behalf (Medicaid Recovery). The Unit also assists field staff with
Conservatorships for living clients and provides technical advice on real
property issues.
The Financial Audit Unit audits Nursing Facility
Financial Statements to determine appropriate Medicaid cost reimbursement for
each facility. Audits result in Settlements regarding reimbursement for the
facility's costs over the past year, and in rate setting for the following
year. The Unit also evaluates and develops potential changes to the nursing
facility reimbursement system and reports findings.
The Program Analysis Unit does research and
analysis concerning the operation and policies of the long term care and cash
assistance programs. The primary product is reports for management containing
analysis and recommendations regarding long term care policies and
operations.
The Medicaid Long Term Care Quality and
Reimbursement Advisory Council advises the Senior and Disabled Services
Division on changes or modifications to the Medicaid reimbursement system and
the adverse and positive effects of proposed changes or modifications on the
quality of long term care and community-based care services.
The Consumer Relations and Community Education
Section performs a variety of functions related to developing and
coordinating policy regarding internal and external communications and public
education for the Senior and Disabled Services Division and the Department of
Human Resources. The Section helps Division units develop policies and rules.
It provides staff to the Governor's Commission on Senior Services. It also
provides staff assistance to the private Advocacy Coalition, and acts as a
liaison with the Oregon Disability Commission.
The Section develops, coordinates and monitors
local, state and federal legislation related to services to seniors and
people with disabilities. It produces publications, such as the "What's
Up" newsletter, which is distributed to public and private organizations
and individuals interested in Division activities and other services to
senior citizens and persons with disabilities.
The Policy and Rules Program prepares policies,
procedures and Oregon Administrative Rules to comply with and implement
federal, state, and judicial requirements relating to Division programs. The
Program files and distributes Oregon Administrative Rules for the entire
Division.
Policy and Rules also develops, monitors and
amends the Division's portion of State Plans which implement federally
mandated and funded programs and services. Examples include the Medicaid
State Plan and Federal Medicaid Waivers for Community Based Care.
The Governor's Commission on Senior Services is
the official advisory body to the Governor, the Director of the Department of
Human Resources, and the Senior and Disabled Services Division. The
Commission advises on needs of elderly persons, recommends actions to meet
the needs of seniors, and acts as an advocate for the elderly.
Revenue Sources
Federal:
Older
Americans Act - funds for Area Agencies on Aging.
Social
Security Act, Titles XVIII [Medicare] provides funding for administration of the
certification surveys of nursing homes;
Title
XIX [Medicaid] provides financing for long term medical care in institutional
and community based care settings;
and
Title XX ;
Department
of Agriculture, Cash in-lieu and food stamps.
State:
General
Fund;
Other
Funds such as licensing fees, penalty payments, estates recoveries, program
recoveries and collections.
Local:
Support
for Area Agencies on Aging.
Bibliography
Administrative Overview, Senior Services
Division, October 1987.
Budget, Agency Request, 1983-85.
House Human Resources Committee, Minutes and
Exhibits re. SB 955, 1981.
Legislatively Adopted Budget, 1995-1997.
Oregon Laws, 1957, CH 692; 1959, CH 41; 1961, CH
130; 1963, CH 631; 1967, CH 505; 1971, CH 319 and 774; 1974 SS, HJR 84; 1975,
CH 55 and 768; 1977, CH 661, 837 and 845; 1979, CH 544; 1981, CH 163, 186 and
784; 1983, CH 525; 1985, CH 642; 1987 CH 428, 430, 431, 523; 1989 CH 693,
787; 1991 CH 775, 787 and 801; 1995, CH 637, 642, 666 and 671.
Bibliography
ORS 107; ORS 124; ORS 185; ORS 186; ORS 410; ORS
442; ORS 443.
Secretary of State, Oregon Blue Book, 1957-1998.
SDSD Central Office Realignment, July 7, 1997
(Division Administrator's memo)
Senior and Disabled Services Division website:
http://www.sdsd.dhr.state.or.us/
Senior Services Division, Comprehensive Annual
Financial Report, July 1884-June 1985, November 14, 1985.
Selected Chronology
1957 A State Council on Aging was established.
1963 State Council on Aging was abolished.
1977 The Office of Elderly Affairs was
established in the Department of Human Resources.
1981 The Senior Services Division was
established. It was to be the single state agency to receive and disburse
federal funds under Titles XIX and XX of the Social Security Act, the Older
American Act, and state funds under Oregon Project Independence.
Oregon Project Independence was created to
provide support services for elderly persons diagnosed as having Alzheimer's
disease or a related disorder.
1987 The duty of licensing long term care
facilities was transferred from the Health Division to the Senior Services
Division.
1989 The Division became the Senior and Disabled
Services Division. It was given the responsibility for virtually all elderly
persons and persons with disabilities.
1991 The Division was charged with licensing and
regulating Residential Treatment Facilities and Adult Foster Homes.
1995 The Elder Abuse Prevention Act was enacted.
1997 Internal
realignment of programs and functions within the central office. The general
goal was to refocus division resources to improve quality of service and
client satisfaction.
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Oregon Disabilities Commission
- Present Duties and Responsibilities
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The Oregon Disabilities Commission identifies and
publicizes the needs and rights of individuals with disabilities; advises the
legislature, the governor, state agencies and other public and private
agencies on disability issues; coordinates inter-agency efforts in the
delivery of disability-related services, and promotes the rehabilitation and
employment of the disabled. The commission conducts Oregon's Client Assistance Program, which helps clients in
federally funded rehabilitation programs by explaining rules and procedures,
client rights and responsibilities, and mediating conflicts. The Deaf and
Hard of Hearing Access Program assists state agencies in ensuring that
programs and services are accessible to deaf and hearing impaired persons.
The commission has been designated the coordinator
for implementing the American with Disabilities Act in Oregon. The Oregon Disabilities Commission also
administers Technology Access for Life Needs (TALN).
TALN provides information and advocacy on assistive
technology for people with disabilities. Commissioners are appointed by the
governor and confirmed by the senate for not more than two consecutive
three-year terms.
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185.110 Definitions for ORS 185.110 to 185.230. As used in ORS
185.110 to 185.230, unless the context requires otherwise:
(1) "Advocate self-help group" means any organized group of
individuals with disabilities who have joined together for purposes of
informing the public of their needs and obtaining resources, services and
benefits for their membership.
(2) "Consumer" means an individual with a disability, or a parent
or legal guardian, other than the State of Oregon,
of an individual with a disability, who utilizes the services made available by
public and private organizations which serve individuals with disabilities.
(3) "Disabled individual" means anyone who:
(a) Has a physical or mental impairment which substantially limits one or
more of the individual’s major life activities;
(b) Has a record of such impairment; or
(c) Is regarded as having such an impairment.
(4) "Sign language interpreter" means a person who is readily able
to communicate with a hearing impaired person, translate proceedings or
conversations and accurately repeat and translate the statements of a hearing
impaired person. [1983 c.726 §1; 1989 c.224 §15; 1991 c.365 §1]
185.120 Policy. (1) The Legislative Assembly finds that there is a
costly lack of coordination among the numerous public and private agencies and
organizations serving individuals with disabilities in Oregon.
There is, therefore, a need for an Oregon Disabilities Commission to act as a
link among and between these entities so that limited resources can be used
most efficiently better to serve the needs of individuals with disabilities.
(2) The Legislative Assembly further finds that there is a need for an
Oregon Disabilities Commission to work for the implementation and establishment
of economic, social, legal and political equity of individuals with
disabilities. [1983 c.726 §2; 1989 c.224 §16; 1989 c.657 §1]
185.130 Oregon
Disabilities Commission; qualifications; confirmation. (1) The Oregon
Disabilities Commission is created consisting of 15 members appointed by the
Governor for not more than two consecutive three-year terms.
(2) Prior to making appointments, the Governor shall request and consider
recommendations from advocate self-help groups and other interested public and
private agencies.
(3) The membership of the commission shall be composed of members broadly
representative of major public and private agencies who are experienced in or
have demonstrated particular interest in the special needs of individuals with
disabilities and consumers. Appointments shall be made with considerations
given to geographic representation and a majority shall be individuals with
disabilities as defined in ORS 185.110 (3). Appointments to the commission
shall be subject to Senate confirmation as provided in ORS 171.562 and 171.565.
[1983 c.726 §3; 1987 c.80 §1; 1989 c.224 §17]
185.140 Advisory function. (1) The Oregon Disabilities Commission
shall:
(a) Advise the
Department of Human Services, the Governor, the Legislative Assembly and
appropriate state agency administrators on services and resources needed to
serve disabled individuals and recommend action by the Governor, the
Legislative Assembly, state agencies, other governmental entities and the
private sector appropriate to meet such needs.
(b) Advise the Governor, state
and local elected officials and managers of public and private firms and agencies
on issues related to achieving full economic, social, legal and political
equity for individuals with disabilities.
(2) The commission in no way
shall impinge upon the authority or responsibilities of any other existing or
duly appointed commissions, boards, councils or committees. The commission shall
act as a coordinating link between and among public and private organizations
serving disabled individuals. [1983 c.726 §§4, 8(2); 1989 c.224 §18; 1989 c.470
§3; 1989 c.657 §2]
185.150 Duties.
The duties of the Oregon Disabilities Commission shall combine the functions of
the Governor’s Steering Committee on the Handicapped and the Governor’s
Committee on Employment of the Handicapped, and shall include:
(1) Identifying and hearing
the concerns of individuals with disabilities;
(2) Publicizing the needs and
concerns of individuals with disabilities as they relate to the full achievement
of economic, social, legal and political equity;
(3) Advising the Department
of Human Services, the Governor, the Legislative Assembly and appropriate state
agency administrators on how state services for individuals with disabilities
might be improved or better coordinated to meet the needs of the individuals
with disabilities;
(4) Advising local government
agencies on matters which affect individuals with disabilities;
(5) Submitting a report of
commission activities and recommendations to the Governor at least annually, and
to the Legislative Assembly at least biennially and nominating qualified individuals
with disabilities for appointment to boards, commissions and policy level
management and professional positions;
(6) Studying and reporting
on state agency programs and budgets that affect individuals with disabilities;
(7) Informing individuals with
disabilities where they may obtain assistance in rehabilitation and employment
and about laws prohibiting discrimination in employment as a result of
disability;
(8) Cooperating with and assisting
other interest groups in rehabilitation and employment of individuals with
disabilities and encouraging public and private employers to undertake affirmative
action to assure equitable employment of individuals with disabilities;
(9) Giving impetus and assistance
to local community committees and fostering a more equitable climate for
rehabilitation and equitable employment of individuals with disabilities;
(10) Promoting a continuous
program of information and education to employers and the general public so
they are aware of and sensitive to the needs and desires of individuals with
disabilities for equitable education and training that will assure individuals
with disabilities of their full vocational potentials;
(11) Promoting a continuous
information program for placement of individuals with disabilities in suitable
employment;
(12) Coordinating and executing
programs of the President’s Committee on Employment of the Handicapped, if any,
and participating with other groups in sponsoring suitable public recognition
programs for individuals with disabilities; and
(13) Assisting members of the
public and state agencies in making agency programs available and accessible to
individuals who are deaf and hearing impaired. The Deaf and Hearing Impaired
Access Program shall perform the activities of this effort.
[1983 c.726 §5; 1989 c.47 §1; 1989 c.224 §19; 1989 c.470 §4; 1989 c.657 §3]
185.155 Monitoring of progress of institutions of higher education and
colleges in eliminating barriers to access. The Oregon Disabilities
Commission shall monitor the progress of each institution or college in
accomplishing the elimination of barriers to access and shall be consulted if
access needs and priorities determined by the physical access committee are
significantly revised. The commission may recommend revision if the commission
believes the needs or priorities, or both, should be changed. [1991 c.935 §4]
Note: 185.155 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 185 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
185.160 Oregon Disabilities Commission Account; application for funds.
(1) The Oregon Disabilities Commission may apply for federal, state or private
funds.
(2) The Oregon Disabilities Commission Account is established separate and
distinct from the General Fund. All moneys received by the commission, other
than appropriations from the General Fund, shall be deposited into the account
and are continuously appropriated to the commission to carry out the duties,
functions and powers of the commission. [1983 c.726 §6; 1989 c.224 §20; 2001
c.716 §21]
185.165 [1991 c.748 §3; repealed by 2001 c.716 §30]
185.170 Retaliation for legislative testimony prohibited. No employer
shall retaliate against any employee member of the Oregon Disabilities
Commission for any testimony given by the member of the commission before the
Legislative Assembly or a legislative committee. [1983 c.726 §7; 1989 c.224
§21]
185.180 Executive director; secretary; staff. (1) The Oregon Disabilities
Commission may employ an executive director, who shall be in the exempt service
and who shall be responsible for the performance of duties as assigned by the
commission.
(2) Subject to any applicable provisions of State Personnel Relations Law,
the executive director may appoint a secretary, whose duties shall be
prescribed and compensation fixed by the executive director.
(3) Subject to the State Personnel Relations Law, the executive director, in
cooperation with the commission, may employ appropriate staff to carry out the
activities outlined in ORS 185.150 (13). [1983 c.726 §§8(1), 9; 1989 c.47 §2;
1989 c.224 §22]
185.190 Meetings; quorum; duties of chairperson. The Oregon
Disabilities Commission shall meet at a place, date and hour determined by the
commission. The commission shall meet at other times and places specified by
the call of the chairperson or a majority of the members of the commission. A
majority of the members of the commission constitutes a quorum for the
transaction of business. The chairperson shall exercise powers necessary for
the performance of the functions of the office of the chairperson as determined
by the commission. [1983 c.726 §10; 1985 c.184 §3; 1987 c.80 §2; 1989 c.224
§23; 1999 c.26 §1]
185.200 Compensation and expenses. Members of the Oregon Disabilities
Commission shall receive compensation and expenses as provided in ORS 292.495.
Travel and per diem for state employees shall be compensated by the commission.
[1983 c.726 §11; 1989 c.224 §24]
I
would take the following
OAR’s out, including
the information on budget. Too
much detail for TF. And,
we are not contemplating
a budget anywhere near that of the ODC. Can include
this as a reference if it needs to be reviewed and analyzed. FWO]
The Oregon
Administrative Rules contain OARs filed through May 15, 2002
OREGON DISABILITIES
COMMISSION
DIVISION 1
PROCEDURAL RULES
405-001-0000
Notice Rule
Prior to adoption, amendment or repeal of any rule,
the Oregon Disabilities Commission shall give notice of the intended action:
(1) In the Secretary of State's Bulletin referred
to in ORS 183.360 at least 15 days before the effective date of the intended
action;
(2) By mailing a copy of the notice to persons on
the Oregon Disabilities Commission's mailing list established pursuant to ORS
183.335(7); and
(3) By mailing or furnishing a copy of the notice
to:
(a) The United Press International;
(b) The Associated Press;
(c) The Oregon Association of the Deaf, Registry of
Interpreters for the Deaf, Inc., Oregon Chapter: Registry of Interpreters for
the Deaf, Inc., Tucker-Maxon Oral School, Director, Department of Human
Resources, Department of Education: Special Education, all agencies being
served by the Deaf and Hearing Imparied Access Program (DHIAP), Self Help for
Hard-of-Hearing People: Local Organizations; and all contracted communication
service providers (interpreters, captioners, etc.),
(d) Oregon Administrative Law News;
(e) Capitol Press Room.
Stat. Auth.: ORS 185.110 – ORS 185.200
Stats. Implemented:
Hist.: ODC 1-1992, f. 2-18-92, cert. ef. 3-16-92
405-001-0005
Model Rules of Procedure
The Oregon Disabilities Commission, at a meeting on
November 7, 1991, adopted the Attorney General's Model Rules of Procedure October
15, 1989 revision as the official rule making procedure of the Commission. All
rules developed by the Commission will follow the processes outlined in the
Attorney General's Model Rules of Procedure.
[ED. NOTE: The full text of the Attorney General's
Model Rules of Procedure is available from the agency.]
Stat. Auth.: ORS 185.110 – ORS 185.200
Stats. Implemented:
Hist.: ODC 1-1991, f. 11-18-91, cert. ef. 1-20-92
405-001-0010
Confidentiality and Inadmissibility of Mediation
Communications
(1) The words and phrases used in this rule have
the same meaning as given to them in ORS 36.110 and 36.234.
(2) Nothing in this rule affects any
confidentiality created by other law. Nothing in this rule relieves a public
body from complying with the Public Meetings Law, ORS 192.610 to 192.690.
Whether or not they are confidential under this or other rules of the agency,
mediation communications are exempt from disclosure under the Public Records
Law to the extent provided in ORS 192.410 to 192.505.
(3) This rule applies only to mediations in which
the agency is a party or is mediating a dispute as to which the agency has
regulatory authority. This rule does not apply when the agency is acting as the
"mediator" in a matter in which the agency also is a party as defined
in ORS 36.234.
(4) To the extent mediation communications would
otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those
mediation communications are not admissible as provided in ORS 40.190 (OEC Rule
408), notwithstanding any provisions to the contrary in section (9) of this
rule.
(5) Mediations Excluded. Sections (6) - (10)
of this rule do not apply to:
(a) Mediation of workplace interpersonal disputes
involving the interpersonal relationships between this agency's employees,
officials or employees and officials, unless a formal grievance under a labor
contract, a tort claim notice or a lawsuit has been filed; or
(b) Mediation in which the person acting as the
mediator will also act as the hearings officer in a contested case involving
some or all of the same matters;
(c) Mediation in which the only parties are public
bodies;
(d) Mediation involving two or more public bodies
and a private party if the laws, rule or policies governing mediation
confidentiality for at least one of the public bodies provide that mediation
communications in the mediation are not confidential;
(e) Mediation involving 15 or more parties if the
agency has designated that another mediation confidentiality rule adopted by
the agency may apply to that mediation.
(6) Disclosures by Mediator. A mediator may
not disclose or be compelled to disclose mediation communications in a
mediation and, if disclosed, such communications may not be introduced into
evidence in any subsequent administrative, judicial or arbitration proceeding
unless:
(a) All the parties to the mediation and the
mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or
introduced into evidence in a subsequent proceeding as provided in subsection
(c) - (d), (j) - (l) or (o) - (p) of section (9) of this rule.
(7) Confidentiality and Inadmissibility of
Mediation Communications. Except as provided in sections (8) - (9) of this
rule, mediation communications are confidential and may not be disclosed to any
other person, are not admissible in any subsequent administrative, judicial or
arbitration proceeding and may not be disclosed during testimony in, or during
any discovery conducted as part of a subsequent proceeding, or introduced as
evidence by the parties or the mediator in any subsequent proceeding.
(8) Written Agreement. Section (7) of this
rule does not apply to a mediation unless the parties to the mediation agree in
writing, as provided in this section, that the mediation communications in the
mediation will be confidential and/or nondiscoverable and inadmissible. If the
mediator is the employee of and acting on behalf of a state agency, the
mediator or an authorized agency representative must also sign the agreement.
The parties' agreement to participate in a confidential mediation must be in
substantially the following form. This form may be used separately or
incorporated into an "agreement to mediate." [Form not included. See
ED. NOTE.]
(9) Exceptions to confidentiality and
inadmissibility.
(a) Any statements, memoranda, work products,
documents and other materials, otherwise subject to discovery that were not
prepared specifically for use in the mediation are not confidential and may be
disclosed or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public
records, as defined in ORS 192.410(4), and were not specifically prepared for
use in the mediation are not confidential and may be disclosed or introduced
into evidence in a subsequent proceeding unless the substance of the
communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential
and may be disclosed by any person receiving the communication to the extent
that person reasonably believes that disclosing the communication is necessary
to prevent the commission of a crime that is likely to result in death or
bodily injury to any person. A mediation communication is not confidential and
may be disclosed in a subsequent proceeding to the extent its disclosure may
further the investigation or prosecution of a felony crime involving physical
violence to a person.
(d) Any mediation communication related to the
conduct of a licensed professional that is made to or in the presence of a
person who, as a condition of his or her professional license, is obligated to
report such communication by law or court rule is not confidential and may be
disclosed to the extent necessary to make such a report.
(e) The parties to the mediation may agree in
writing that all or part of the mediation communications are not confidential
or that all or part of the mediation communications may be disclosed and may be
introduced into evidence in a subsequent proceeding unless the substance of the
communication is confidential, privileged or otherwise prohibited from
disclosure under state or federal law.
(f) A party to the mediation may disclose
confidential mediation communications to a person if the party's communication
with that person is privileged under ORS chapter 40 or other provision of law.
A party to the mediation may disclose confidential mediation communications to
a person for the purpose of obtaining advice concerning the subject matter of
the mediation, if all the parties agree.
(g) An employee of the agency may disclose
confidential mediation communications to another agency employee so long as the
disclosure is necessary to conduct authorized activities of the agency. An
employee receiving a confidential mediation communication under this subsection
is bound by the same confidentiality requirements as apply to the parties to
the mediation.
(h) A written mediation communication may be
disclosed or introduced as evidence in a subsequent proceeding at the
discretion of the party who prepared the communication so long as the
communication is not otherwise confidential under state or federal law and does
not contain confidential information from the mediator or another party who does
not agree to the disclosure.
(i) In any proceeding to enforce, modify or set
aside a mediation agreement, a party to the mediation may disclose mediation
communications and such communications may be introduced as evidence to the
extent necessary to prosecute or defend the matter. At the request of a party,
the court may seal any part of the record of the proceeding to prevent further
disclosure of mediation communications or agreements to persons other than the
parties to the agreement.
(j) In an action for damages or other relief
between a party to the mediation and a mediator or mediation program, mediation
communications are not confidential and may be disclosed and may be introduced
as evidence to the extent necessary to prosecute or defend the matter. At the
request of a party, the court may seal any part of the record of the proceeding
to prevent further disclosure of the mediation communications or agreements.
(k) When a mediation is conducted as part of the
negotiation of a collective bargaining agreement, the following mediation
communications are not confidential and such communications may be introduced
into evidence in a subsequent administrative, judicial or arbitration
proceeding:
(A) A request for mediation, or
(B) A communication from the Employment Relations
Board Conciliation Service establishing the time and place of mediation, or
(C) A final offer submitted by the parties to the
mediator pursuant to ORS 243.712, or
(D) A strike notice submitted to the Employment
Relations Board.
(l) To the extent a mediation communication
contains information the substance of which is required to be disclosed by
Oregon statute, other than ORS 192.410 to 192.505, that portion of the
communication may be disclosed as required by statute.
(m) Written mediation communications prepared by or
for the agency or its attorney are not confidential and may be disclosed and
may be introduced as evidence in any subsequent administrative, judicial or
arbitration proceeding to the extent the communication does not contain
confidential information from the mediator or another party, except for those
written mediation communications that are:
(A) Attorney-client privileged communications so
long as they have been disclosed to no one other than the mediator in the
course of the mediation or to persons as to whom disclosure of the
communication would not waive the privilege, or
(B) Attorney work product prepared in anticipation
of litigation or for trial, or
(C) Prepared exclusively for the mediator or in a
caucus session and not given to another party in the mediation other than a
state agency, or
(D) Prepared in response to the written request of
the mediator for specific documents or information and given to another party
in the mediation, or
(E) Settlement concepts or proposals, shared with
the mediator or other parties.
(n) A mediation communication made to the agency
may be disclosed and may be admitted into evidence to the extent the Agency
Director determines that disclosure of the communication is necessary to
prevent or mitigate a serious danger to the public's health or safety, and the
communication is not otherwise confidential or privileged under state or
federal law.
(o) The terms of any mediation agreement are not
confidential and may be introduced as evidence in a subsequent proceeding,
except to the extent the terms of the agreement are exempt from disclosure
under ORS 192.410 to 192.505, a court has ordered the terms to be confidential
under ORS 30.402 or state or federal law requires the terms to be confidential.
(p) The mediator may report the disposition of a
mediation to the agency at the conclusion of the mediation so long as the
report does not disclose specific confidential mediation communications. The
agency or the mediator may use or disclose confidential mediation
communications for research, training or educational purposes, subject to the
provisions of ORS 36.232(4).
(10) When a mediation is subject to section (7) of
this rule, the agency will provide to all parties to the mediation and the
mediator a copy of this rule or a citation to the rule and an explanation of
where a copy of the rule may be obtained. Violation of this provision does not
waive confidentiality or inadmissibility.
[ED. NOTE: The form referenced in this rule is not
printed in the OAR Compilation. Copies are available from the agency.]
Stat. Auth.: ORS 36.224
Stats. Implemented: ORS 36.224, ORS 36.228, ORS 36.230 & ORS 36.232
Hist.: ODC 1-2000, f. & cert. ef. 10-18-00
405-001-0015
Confidentiality and Inadmissibility of Workplace
Interpersonal Dispute Mediation Communications
(1) This rule applies to workplace interpersonal
disputes, which are disputes involving the interpersonal relationships between
this agency's employees, officials or employees and officials. This rule does
not apply to disputes involving the negotiation of labor contracts or matters
about which a formal grievance under a labor contract, a tort claim notice or a
lawsuit has been filed.
(2) The words and phrases used in this rule have
the same meaning as given to them in ORS 36.110 and 36.234.
(3) Nothing in this rule affects any
confidentiality created by other law.
(4) To the extent mediation communications would
otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those
mediation communications are not admissible as provided in ORS 40.190 (OEC Rule
408), notwithstanding any provisions to the contrary in section (9) of this
rule.
(5) Disclosures by Mediator. A mediator may
not disclose or be compelled to disclose mediation communications in a
mediation and, if disclosed, such communications may not be introduced into
evidence in any subsequent administrative, judicial or arbitration proceeding
unless:
(a) All the parties to the mediation and the
mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or
introduced into evidence in a subsequent proceeding as provided in subsections
(c) or (h) - (j) of sections (7) of this rule.
(6) Confidentiality and Inadmissibility of
Mediation Communication. Except as provided in section (7) of this rule,
mediation communications in mediations involving workplace interpersonal
disputes are confidential and may not be disclosed to any other person, are not
admissible in any subsequent administrative, judicial or arbitration proceeding
and may not be disclosed during testimony in, or during any discovery conducted
as part of a subsequent proceeding, or introduced into evidence by the parties
or the mediator in any subsequent proceeding so long as:
(a) The parties to the mediation and the agency
have agreed in writing to the confidentiality of the mediation, and
(b) The person agreeing to the confidentiality of
the mediation on behalf of the agency;
(A) Is neither a party to the dispute nor the
mediator, and
(B) Is designated by the agency to authorize
confidentiality for the mediation, and
(C) Is at the same or higher level in the agency
than any of the parties to the mediation or who is a person with responsibility
for human resources or personnel matters in the agency, unless the agency head
or member of the governing board is one of the persons involved in the
interpersonal dispute, in which case the Governor or the Governor's designee.
(7) Exceptions to confidentiality and
inadmissibility.
(a) Any statements, memoranda, work products,
documents and other materials, otherwise subject to discovery that were not
prepared specifically for use in the mediation are not confidential and may be
disclosed or introduced into evidence in a subsequent proceeding.
(b) Any mediation communications that are public
records, as defined in ORS 192.410(4), and were not specifically prepared for
use in the mediation are not confidential and may be disclosed or introduced
into evidence in a subsequent proceeding unless the substance of the
communication is confidential or privileged under state or federal law.
(c) A Mediation communication is not confidential
and may be disclosed by any person receiving the communication to the extent
that person reasonably believes that disclosing the communication is necessary
to prevent the commission of a crime that is likely to result in death or
bodily injury to any person. A mediation communication is not confidential and
may be disclosed in a subsequent proceeding to the extent its disclosure may
further the investigation or prosecution of a felony crime involving physical
violence to a person.
(d) The parties to the mediation may agree in
writing that all or part of the mediation communications are not confidential
or that all or part of the mediation communications may be disclosed' and may
be introduced into evidence in a subsequent proceedings unless the substance of
the communication is confidential, privileged or otherwise prohibited from
disclosure under state or federal law.
(e) A party to the mediation may disclose
confidential mediation communications to a person if the party's communication
with that person is privileged under ORS chapter 40 or other provision of law. A
party to the mediation may disclose confidential mediation communications to a
person for the purpose of obtaining advice concerning the subject matter of the
mediation, if all the parties agree.
(f) A written mediation communication may be
disclosed or introduced as evidence in a subsequent proceeding at the
discretion of the party who prepared the communication so long as the
communication is not otherwise confidential under state or federal law and does
not contain confidential information from the mediation or another party who
does not agree to the disclosure.
(g) In any proceeding to enforce, modify or set
aside a mediation agreement, a party to the mediation may disclose mediation
communications and such communications may be introduced as evidence to the
extent necessary to prosecute or defend the matter. At the request of a party,
the court may seal any part of the record of the proceeding to prevent further
disclosure of the mediation communications or agreements to persons other than
the parties to the agreement.
(h) In an action for damages or other relief
between a party to the mediation and a mediator or mediation program, mediation
communications are not confidential and may be disclosed and may be introduced
as evidence to the extent necessary to prosecute or defend the matter. At the
request of a party, the court may seal any part of the record of the proceeding
to prevent further disclosure of the mediation communications or agreements.
(i) To the extent a mediation communication contains
information the substance of which is required to be disclosed by Oregon
statute, other than ORS 192.410 to 192.505, that portion of the communication
may be disclosed as required by statute.
(j) The mediator may report the disposition of a
mediation to the agency at the conclusion of the mediation so long as the
report does not disclose specific confidential mediation communications. The
agency or the mediator may use or disclose confidential mediation
communications for research, training or educational purposes, subject to the
provisions of ORS 36.232(4).
(8) The terms of any agreement arising out of the
mediation of a workplace interpersonal dispute are confidential so long as the
parties and the agency so agree in writing. Any term of an agreement that
requires an expenditure of public funds, other than expenditures of $1,000 or
less for employee training, employee counseling or purchasing of equipment that
remain the property of the agency, may not be made confidential.
(9) When a mediation is subject to section (6) of
this rule, the agency will provide to all parties to the mediation and to the
mediator a copy of this rule or an explanation of where a copy of the rule may
be obtained. Violation of this provision does not waive confidentiality of inadmissibility.
Stat. Auth.: ORS 36.224
Stats. Implemented: ORS 36.230(4)
Hist.: ODC 1-2000, f. & cert. ef. 10-18-00
Oregon Disabilities Commission Budget
LFO
Analyst: Britton
|
|
1995-97 Actual
|
1997-99 Estimated
|
1999-01 Governor's Recommended
|
1999-01 Legislatively Adopted
|
|
General Fund
|
219,198
|
235,504
|
282,917
|
282,119
|
|
Other Funds
|
563,355
|
583,739
|
1,028,573
|
996,209
|
|
Federal Funds
|
1,556,452
|
1,264,606
|
1,147,478
|
1,147,337
|
|
Total
|
2,339,005
|
2,083,849
|
2,458,968
|
2,425,665
|
|
Positions (FTE)
|
7.75
|
8.50
|
9.25
|
8.00
|
Program Description
The Commission provides advocacy activities
on behalf of disabled persons and administers three main programs: the
federally funded Client Assistance Program (CAP), the Technology Access for
Life Needs (TALN) program supported by a federal grant, and the Deaf and
Hearing Impaired Access Program (DHIAP) that coordinates sign language
interpreter services for state agencies. The Commission also acts as the
state's coordinating agency for compliance with the federal Americans with
Disabilities Act (ADA). The Commission is comprised of 15 members appointed by
the Governor. Current activities are supported by 8.5 FTE, including an
Executive Director.
The CAP provides referral, counseling, and
ombudsman services to clients of independent living centers and persons who
have applied for services through the Vocational Rehabilitation Division and
the Commission for the Blind.
The TALN program offers information and
demonstrations on assistive technology to persons with disabilities, their
employers and representatives of agencies and programs that serve them.
Revenue Sources & Relationships
The CAP is entirely federally funded through
the U.S. Department of Education's Rehabilitation Services Administration.
Oregon has been designated as a "minimum allotment state" based on
its population. Minimum allotment states receive at least $111,574 per federal
fiscal year. The Commission can request additional funds from the U.S.
Department of Education when re-allotments of funds unspent by other states are
made. Although the agency has repeatedly requested additional funds from the
U.S. Department of Education, there have never been additional funds available.
The TALN program is federally funded from the
National Institute on Disability and Rehabilitation Research of the U. S.
Department of Education. The Commission was granted funds of $2.8 million for a
five-year period (1995-2000). Although the Commission expected TALN funds to
end March 31, 1999, recent congressional action extended funding for another
five years. Both the CAP and TALN funding are free from any state matching
requirements.
The DHIAP is funded by Other Funds from interagency
agreements to provide hearing impaired translator services, sign language
interpreter coordination, dispatching, training, and technical assistance.
Contract agencies include the Department of Human Resources, the Employment
Department, the Department of Transportation, and the Judicial Department.
General Fund support is provided for administration and Commission expenses,
general advocacy activities, and coordination of ADA implementation.
Budget Environment
The requirements of the Americans with
Disabilities Act continue to generate greater demands for services and access.
Additionally, according to the Commission, in recent years the number of CAP
cases has continued to increase but federal funding for the program has not
kept pace. In addition, the recent federal Workforce Investment Act, which
reauthorized the 1973 Rehabilitation Act, requires the Vocational
Rehabilitation Division and the Commission for the Blind to place greater
emphasis on consumer involvement in developing rehabilitation plans. How this
may effect the CAP caseload is unknown, but it may cause an increase in the
number of clients seeking assistance from the CAP program.
As noted above, federal funding for the TALN
program, while continuing, is decreasing from about $1.1 million during the
1997-99 biennium to $630,000 during the 1999-01 biennium. The Commission
intends to seek other sources of funds, such as donations, grants, and proceeds
form Commission-sponsored conferences and workshops, to meet its statutory
responsibilities and enhance its programs.
Governor's Budget
The Governor's recommended budget was 18
percent higher than the estimated expenditure level for the 1997-99 biennium.
The current service level is significantly lower than the estimated expenditure
level for the 1997-99 biennium
because in building its budget, the agency assumed
that the federal TALN grant would not continue. Thus, the TALN program is not
included in the current service level. The Governor's budget funded the current
service level and added $995,866 to finance the following four policy packages:
· Federal TALN grant continuation ($630,000
Federal Funds).
·Travel reimbursement for Commission designees to
provide assistance to localities in resolving building code waiver requests
that relate to accessibility for persons with disabilities ($19,652 General
Fund).
·Youth Leadership Forum for high school juniors and
seniors with disabilities scheduled for summer 1999; the package would allow
the Commission to accept and expend donated funds for the conference ($120,000
Other Funds).
·American's with Disabilities Act (ADA) coordinator,
staff assistant, and related expenses; the agency wants to market its expertise
on ADA to other state government agencies. The Governor's budget provides
position authority and expenditure limitation, but funding would be contingent
on responses to the agency's marketing efforts ($226,214 Other Funds).
· Legislatively Adopted Budget
The legislatively adopted budget of $2.4
million makes three modifications to the Governor's recommended budget. First,
it makes a shift of $48,924 from personal services to services and supplies to
address increasing costs for reasonable accommodation for Commission meetings.
To fund the shift, one vacant interpreter position is eliminated. Second, the
budget, while including the ADA coordinator package discussed above, reduces
the package by $31,245 - reflecting the elimination of one Office Specialist
position (0.5 FTE). In addition, the Department of Administrative Services
agreed to unschedule the remaining portion ($194,969) of the ADA coordinator
package until the Commission is able to secure contracts with other state
agencies for this technical assistance. Third, the budget is reduced by $2,058
to reflect changes in Department of Administrative Services, Secretary of State
Audits Division and Employment Relations Board charges.
Appendix XX
Senior Services, Governor’s Commission on
ORS
410.320
Advises
the Governor and the Director of Human Services on needs of the elderly; recommends
action; advocates for the elderly.
Membership:
·
Total: 23+
·
Governor Appoints: 21+
·
Other Appointments: Speaker of the House--1; Senate
President—1
Position
Requirements:
·
A majority of members shall be 60 years of age or
older
·
Persons broadly representative of public & private
agencies, experienced/interested in the special needs of elderly persons
·
Persons active in organizations for elderly persons
·
Advocates for elderly persons
·
Persons active in advocacy organizations for low income,
minority & disabled persons served by the Dept of Human Services
GOVERNOR’S COMMISSION ON SENIOR SERVICES
410.320 Governor’s Commission on Senior Services. (1) The Governor’s
Commission on Senior Services is created. The commission shall consist of at
least 21 members appointed by the Governor for terms of three years.
(2) Prior to making appointments, the Governor shall request and consider
recommendations from the area agencies on aging and other interested senior
organizations. The Governor shall designate a member to serve at the pleasure
of the Governor as chairperson for a term of two years with such duties as the
Governor shall prescribe. The membership of the commission shall be composed of
persons broadly representative of major public and private agencies who are
experienced in or have demonstrated particular interest in the special needs of
elderly persons, including persons who have been active in organizations and
advocates on behalf of elderly persons. Additionally, membership shall include
persons who are active in advocacy organizations representing the interests of
disabled persons who are served in programs under the Department of Human Services
and consumers of services provided primarily to elderly persons and disabled
persons under department programs, including low income, minority and disabled
persons. At least a majority of members shall be 60 years of age or older.
(3) The Governor’s Commission on Senior Services shall advise the Governor
and the Director of Human Services on needs of elderly persons, and recommend
actions by the Governor, the Department of Human Services, other governmental
entities and the private sector, appropriate to meet such needs.
(4) The commission shall have authority to study programs and budgets of all
state agencies that affect elderly persons. After such study, the commission
shall make recommendations to the Governor and to the agencies involved. Such
recommendations shall be designed to provide coordination of programs for
elderly persons, to avoid unnecessary duplication in provision of services, and
to point out gaps in provision of services. The commission shall also recommend
development of a comprehensive plan for delivery of services to elderly
persons. In carrying out these tasks, the commission shall coordinate its
efforts with other advisory groups within the Department of Human Services to
avoid duplication of effort.
(5) The commission shall promote responsible statewide advocacy for elderly
persons.
(6) Members of the commission, other than legislators, shall be entitled to
compensation and expenses as provided in ORS 292.495. [Formerly 184.900; 1983
c.740 §130; 1989 c.224 §79; 1991 c.67 §103; 2001 c.900 §82]
410.330 Legislator members; expenses. (1) In addition to the members
of the Governor’s Commission on Senior Services appointed under ORS 410.320,
the President of the Senate shall appoint one member from the Senate and the
Speaker of the House of Representatives shall appoint one member from the House
of Representatives. If the Speaker of the House of Representatives or the
President of the Senate is a member, either may designate from time to time an
alternate from among the members of the appropriate house to exercise powers as
a member of the commission except that the alternate shall not preside if the
Speaker or President is chairperson.
(2) The members of the commission appointed under subsection (1) of this
section shall be entitled to payment of compensation and expenses under ORS
171.072 from funds appropriated to the Legislative Assembly. [Formerly 184.905;
1983 c.740 §131; 1987 c.879 §15]
410.340 Appointments to fill vacancies. In case of a vacancy on the
Governor’s Commission on Senior Services, the appointing authority shall
appoint a successor for the remainder of the unexpired term. [Formerly 184.910;
1983 c.740 §132]
Appendix XXX: Oregon
Commission for Women
COMMISSION FOR WOMEN
|
Commission for Women - Agency
History
|
|
In 1964, the Commission for Women was created by
executive order but it was not until 1977 that it received its first budget.
The Commission is directed to work for the implementation and establishment
of economic, social, legal, and political equality for women and to maintain
a continuing assessment of the issues and needs confronting women in Oregon.
Duties of the Commission include analyzing the legal status of women and men
under the laws of Oregon relating to civil rights, contracts, income,
property, and family in order to assure full equality and treatment under the
law. Other duties of the Commission include monitoring the implementation of
laws; educating women on legal rights and responsibilities; working for equal
opportunity in employment; and evaluating educational and employment
opportunities.
The Commission is comprised of eleven members, nine
appointed by the Governor, with three-year terms which are confirmed by the
Senate. Two members represent the Legislative Assembly and are appointed by
the President of the Senate and the Speaker of the House, and serve for two
years.
Commission members have diverse backgrounds and
experiences and a wide range of views about the issues which concern Oregon
women. The interests and concerns of all women are well represented, and the
Commission includes black, Hispanic and Native American members. This results
in an united effort, and dedication to identifying and addressing the
concerns of Oregon women.
|
185.510 Policy; report. (1) It is declared to be the policy and
intent of the Legislative Assembly that the Commission for Women is created to
work for the implementation and establishment of economic, social, legal and
political equality for women and to maintain a continuing assessment of the
issues and needs confronting women in Oregon.
(2) The commission shall submit to the Governor at the commencement of each
biennium a report containing the concerns and issues confronting the women of
Oregon which have been identified pursuant to the terms of ORS 185.510 to
185.550 and further identifying the programs, projects and activities which the
commission will undertake regarding those issues. [1983 c.105 §1]
185.520 Commission for Women; confirmation; term; officers; meetings;
funds. (1) The membership of the Commission for Women shall be comprised of
11 members, to include two representatives from the Legislative Assembly, one
appointed by the President of the Senate, one appointed by the Speaker of the
House of Representatives. Nine members shall be appointed by the Governor and
confirmed by the Senate pursuant to section 4, Article III, Oregon
Constitution.
(2) Members appointed by the Governor shall serve for three-year terms.
Legislators shall serve two-year terms.
(3) The Governor shall designate the chairperson of the commission to serve
for a term of one year.
(4) Members shall meet at the call of the chairperson not less than three
times annually.
(5) Consistent with Oregon law, the commission may receive and accept funds
for purposes consistent with the creation of the commission. [1983 c.105 §2]
185.530 Special study committees. (1) The commission may establish ad
hoc committees to study specific areas and make periodic reports to the
commission.
(2) The chairpersons of such ad hoc committees shall be appointed by the
chairperson of the commission, subject to approval by the commission.
(3) Membership on ad hoc committees shall not be limited to members of the
commission.
(4) The period during which an ad hoc committee may function shall be
determined at the time of its creation by the commission according to the
nature of the study and project undertaken.
(5) Members of the ad hoc committees shall be designated as consultants to
the full commission. [1983 c.105 §3; 1995 c.79 §67]
185.540 Duties. The Commission for Women shall:
(1)(a) Analyze the legal status of women and men under the laws of Oregon
relating to civil rights, contracts, income, property and the family in order
to assure full equality and treatment under the law;
(b) Monitor the implementation of laws affecting the legal rights and duties
of women; and
(c) Educate women about their legal rights and responsibilities under the
law.
(2)(a) Work for equal opportunity and treatment for women in employment
through an analysis of the employment policies and practices of employers, both
public and private;
(b) Evaluate the development of methods to assure fuller employment options
for women including nontraditional job opportunities, child care, job sharing
and flextime and part-time employment; and
(c) Examine methods to develop greater employment opportunities and
potentials for women with particular consideration for the needs of minority
women, older women, rural women and displaced homemakers.
(3)(a) Evaluate the progress of providing equality of educational
opportunities for women in Oregon as mandated by state and federal law;
(b) Assist efforts to inform women about nontraditional educational and
employment opportunities; and
(c) Promote the elimination of sexist and racist barriers in the educational
process, such as staffing patterns, teacher training, curriculum and textbook
selection.
(4)(a) Encourage women to pursue a variety of roles in life, both in the
community and in the family;
(b) Promote the full recognition of the contributions of women whether in
the home, as volunteers in the community or in the labor market;
(c) Promote the valuation of work within the home at a level comparable with
work outside the home; and
(d) Investigate family relationships which are detrimental to women and to
the development of productive family life.
(5) Encourage and recommend women to serve on appointive boards and
commissions and encourage them to seek elective office.
(6) Identify and address issues which may be unique to special categories of
women including minority women, juvenile women, older women, rural women and
displaced homemakers. [1983 c.105 §5; 1995 c.79 §68; 1995 c.278 §29]
185.550 Compensation and expenses. (1) Members of the commission who
are not members of the Legislative Assembly shall be paid compensation and
expenses as provided in ORS 292.495. Such compensation and expenses shall be
paid from the budget of the commission or from member agency accounts subject
to applicable state law. Members of ad hoc committees shall not receive such
compensation.
(2) Members of the commission who are members of the Legislative Assembly
shall be paid compensation and expense reimbursement as provided in ORS
171.072, payable from funds appropriated to the Legislative Assembly. [1983
c.105 §4; 1987 c.879 §8; 1991 c.643 §36]
185.560 Service contracts for child care information and referral.
(1) The Commission for Women may enter into service contracts on a competitive
bid basis to public and private agencies, organizations and individuals for the
purpose of establishing and operating community child care program information
and referral services.
(2) The commission shall receive, evaluate and approve contract proposals
pursuant to subsection (1) of this section.
(3) Contract proposals shall be in such form and contain such information as
the commission shall specify.
(4) As used in this section, "child care program" means a publicly
funded or privately operated program providing care of a child for a portion of
the day, but less than 24 hours, outside of the child’s own home, but does not
include any program whose primary component is psychiatric treatment. [1985
c.462 §1; 1995 c.278 §30]
185.570 Commission for Women Account. (1) There is created a
Commission for Women Account in the General Fund of the State Treasury. All
moneys in the account are continuously appropriated for and shall be used by
the Commission for Women, created by Executive Order 75-9, to carry out its
purposes.
(2) All gifts and grants received by the commission or by the state for
purposes of the commission shall be deposited in the account. [Formerly
184.940]
|
Commission for Women Budget
LFO Analyst:
Bender
|
.
|
1995-97 Actual
|
1997-99 Estimated
|
1999-01 Governor's
Recommended
|
1999-01
Legislatively Adopted
|
|
General Fund
|
124,248
|
25,777
|
135,000
|
125,445
|
|
Other Funds
|
25,615
|
136,096
|
53,038
|
53,038
|
|
Total
|
149,863
|
161,873
|
188,038
|
178,483
|
|
Positions (FTE)
|
1.00
|
1.00
|
1.00
|
1.00
|
Program Description
The Commission for Women was established by
the Oregon Legislature in 1983 to work toward economic, social, legal, and
political equality for women in Oregon. The Commission does this by
identifying, analyzing, monitoring, and evaluating legal and other issues
confronting women, by sponsoring forums on women's issues, and by engaging in
legislative advocacy.
Revenue Sources & Relationships
The Commission generates Other Funds
revenue through grants, contracts, and publication sales, and from its annual
Women of Achievement dinner. These funds help the Commission conduct
educational forums and special studies, produce publications, and otherwise
carry out its mandated functions. In the 1997-99 biennium, the Commission
also received $76,814 of state support as Other Funds. These funds were part
of a General Fund appropriation to the Human Resources Services Division of
the Department of Administrative Services for diversity issues. The Division
transferred the funds appropriated to it roughly equally among the four
advocacy commissions. For budget purposes, the Commission received these
state funds as Other Funds, since they were passed through another agency's
budget.
Budget Environment
In 1997, the legislature changed the focus
of the Commission's funding from General Fund support to reliance on
donations. The legislature reduced General Fund support of the Commission's
budget to $25,000 - the same amount it provided to all four advocacy
commissions. To allow the Commission the opportunity to operate at levels
supported in the Governor's recommended budget, the Other Funds limitation
was increased by $110,000 to offset the General Fund reduction. The $25,000
of General Fund support was to be used as seed money to enable the Commission
to develop and implement a viable fundraising plan. The legislature also
appropriated approximately $300,000 of General Fund to the Department of
Administrative Services for diversity issues. This money was transferred to
the four advocacy commissions. The Commission's portion of these funds, along
with its $25,000 direct General Fund appropriation, provided it with $101,814
of state support in the 1997-99 biennium, a drop of 18% from what it had
previously received.
This Commission has traditionally been the most
successful among the advocacy commissions in raising Other Funds. These funds
are used both to supplement the Commission's operating expenses and to
finance the costs of the fund-raising activities themselves. For some time,
the Commission has raised funds with its Women of Achievement dinner. Through
1997, the dinner raised approximately $10,000 each year for the Commission,
net of the expenses associated with conducting it. In 1998, however, the
dinner only netted approximately $2,000. The Commission raises additional
funds from the sale of its Women and the Law book, and has received a
grant to publish a quarterly newsletter. In the 1997-99 biennium, the
Commission also received a new source of Other Funds - a $40,000 grant from
Eli Lilly and Company to offer a series of forums on women's health care
issues. The Commission expects this grant to be renewed at a reduced level in
the next biennium.
With its fund-raising activities, the Commission
has been able to maintain its operations during the 1997-99 biennium. It has
kept a full-time executive director and met its office expenses. The focus of
the Commission's activities has changed though. The health care forums have
become a primary focus of Commission activity and consumed much of the
executive director's time.
Governor's Budget
The Governor's budget reversed the 1997
Legislative Assembly's decision to make the advocacy commissions reliant on
donations. The budget provided direct General Fund support of $135,000, and
eliminated the General Fund transfer through the Human Resources Services
Division. This is the same amount of support that the Governor had
recommended in his 1997-99 biennium budget, but represented a 33 percent
increase over what the state actually provided the Commission in 1997-99. The
recommended amount would enable the Commission to pay all of the personal
services cost of the executive director position and to cover general office
expenses out of its General Fund appropriation. The Other Funds would then be
available to cover the costs associated with the Women of Achievement
dinners, the Eli Lilly and Company health care forums, and office
enhancements.
Legislatively Adopted Budget
The legislature adopted the Governor's
recommended budget with only minor modifications. General Fund support was
reduced by 4 percent ($5,400) because of limited General Fund resources and
to meet other budget priorities. The same 4 percent reduction was taken in the
three other advocacy commission budgets as well. An additional $4,155 of
General Fund was removed to match a reduction in state government service
charges to the Commission.
The Department of Administrative Services' (DAS)
budget contains an additional assessment reduction for extremely small
agencies. This reduction will lower the Commission's state government service
charges by $12,813 more than the amount referred to in the prior paragraph.
General Fund to the Commission was not reduced in response to these DAS
assessment reductions. Therefore, the Commission will have these funds
available to meet other expenses.
Source: Legislative Fiscal Office
|
Attachment B: States with Advisory Council:
AL,
CT, FL, IA, IL, MA, MI, MN, MO, NE, NM, OH, OK, SC, TN, VA, WA, WV
|
State and Year of Inception
|
Year of Inception
|
By Statute
|
BY EO
|
TBI only
|
TBI with
|
# on Council
|
Funding
|
Lead Agencies
|
|
Arizona
|
1992
|
yes
|
no
|
no
|
Spinal
Cord Injury
|
18
|
Trust
Fund
|
Rehad Services
|
|
Colorado
|
2002
|
yes
|
yes
|
yes
|
|
32
|
|
|
|
Hawaii
|
1994
|
yes
|
no
|
yes
|
|
9
|
|
|
|
Iowa
|
1989
|
yes
|
no
|
yes
|
|
20
|
|
|
|
Kentucky
|
1998
|
yes
|
no
|
yes
|
|
9
|
Trust
Fund
|
Disability
Services
|
|
Louisiana
|
1993
|
yes
|
no
|
no
|
Spinal
Cord Injury
|
13
|
Trust
Fund
|
Rehad Services
|
|
Nevada
|
1993
|
yes
|
no
|
yes
|
|
no
funding
|
State
appr/ revenue
|
Rehad Services
|
|
New
Hampshire
|
1998
|
yes
|
no
|
no
|
Spinal
Cord Injury
|
11
|
|
|
|
New
Mexico
|
1997
|
yes
|
no
|
yes
|
|
18-Dec
|
Trust
Fund & State appr/ revenue
|
Health
|
|
Tennessee
|
1993
|
yes
|
yes
|
yes
|
|
9
|
Trust
Fund
|
Health
|
|
West
Virginia
|
1996
|
yes
|
yes
|
no
|
Spinal
Cord Injury
|
23
|
State
appr/ revenue
|
|
States with Legislated
Advisory Councils:
Texas
and Nevada
are quasi-governmental entities funded by a mix of federal and state dollars
but carried out by a private sector contractor
Attachment
C: Colorado Advisory Board UpdateRemove
this. Coordinated
State Response Resource Information????
FWO
Appendix : Colorado
Strategic Action Plan for Persons with Brain Injuries and Their Families
Colorado Strategic
Action Plan
for Persons
with Brain Injury
and Their
Families
2001-2005
Directed by:
Colorado Brain
Injury Advisory Board
Colorado Department
of Human Services
Brain Injury
Association of Colorado
Prepared by
Christine Engleby, M.S.
March 1, 2001
Introduction
This Strategic Action Plan has been prepared
through a collaborative effort of the Colorado Brain Injury Advisory Board, the
Colorado Department of Human Services, and the Brain Injury Association of
Colorado. Support for the development of
this plan comes from grant number P05 MC 00036-01 from the federal Health
Resources and Services Administration, Maternal and Child Health Bureau
(HRSA-MCH). Matching funds were provided
by Colorado Developmental Disabilities Services, Colorado Division of
Vocational Rehabilitation, Denver Department of Human Services, and the
Colorado Developmental Disabilities Planning Council. In addition, the plan reflects the contributions
of time, expertise, and other resources from a broad variety of stakeholders,
including persons with brain injury, parents and other family members,
government officials, health and advocacy organizations, public and private
providers, state and local agencies, and others interested in brain injury
issues.
Purpose
and Scope
The purpose of this plan is to describe an
integrated, statewide system of care for persons with brain injury, and to
identify action strategies which will lead to the development of such a system
in Colorado over the next five years.
The federal HRSA-MCH planning grant focuses specifically on individuals
with traumatic brain injuries (TBI).
However, recognizing that access and service issues are similar no
matter how brain injuries are caused, Colorado's Brain Injury Advisory Board
has chosen to adopt the following broad definition of brain injury:
Brain
injury is defined as an injury to the brain of traumatic or acquired origin,
which results in residual physical, cognitive, emotional and/or behavioral
difficulties.
Traumatic brain injury is a major component of this
definition, and has been the primary focus of the needs and resource
assessments that have been conducted to prepare for this Strategic Action
Plan. However, the plan's action
strategies have been designed to support a statewide system of care for persons
with all types of brain injury.
Need
From 1991-99, over 26,000 Coloradoans of all ages
were hospitalized with and survived a new TBI.
Colorado's incidence rate of non-fatal, hospitalized TBI averaged 80 per
100,000 persons over these nine years.
These figures do not include the many persons who were not immediately
diagnosed or not hospitalized after injury.
Persons who sustain a brain injury but are not hospitalized has been
estimated at over 80% of the total number of people who are injured. Thus, a very conservative estimate of
Colorado's overall incidence rate for brain injury would exceed 250 per 100,000
persons. During 1999 alone, 2683 Coloradoans
sustained and survived traumatic injuries to the brain that required at least
one night of hospitalization, according to Colorado Traumatic Brain Injury
(TBI) surveillance data. The Colorado
Department of Education further estimates that more than 1,000 Colorado school
age children sustain brain injuries annually, and about 75 percent of the
students who return to school require individualized services related to their
injuries.
Most survivors of severe brain injury experience
serious, lifelong changes in their social, behavioral, physical and cognitive
abilities. The Colorado TBI Follow-up
Project surveyed Coloradoans who had sustained traumatic brain injuries in 1996
one year after their injury. The Project
found that, of the 288 persons in the study who sustained severe brain
injuries:
·over 41% continued to be significantly disabled
after one year;
·27% had not returned to work or school; and
·almost 6% had been homeless, or had spent time in
jail or prison during that year.
·
The TBI Follow-up data also showed that, while more
severe injuries are associated with more negative, long-term outcomes,
substantial numbers of these outcomes occur at all levels of severity. Often, persons with mild traumatic brain
injury are not identified early on, and later require medical and non-medical
services to continue with life activities that have been compromised as a
result of their injuries. For example,
of 131 Coloradoans hospitalized with mild brain injuries in 1996, the TBI
Follow-up Project found that:
·23% had difficulty driving;
·24% suffered from speech problems, and 24% had
vision problems; and
·over 30% had significant disabilities after one
year.
·
While a number of providers offer services for
persons with TBI, Colorado does not have a comprehensive system of care for
these individuals and their families.
Services are fragmented and sometimes non-existent, especially in rural
areas of the state. Even where quality
services do exist, they may not be accessible because of cost, eligibility
requirements, or simply because the people in need do not know how to find
them. Moreover, a comprehensive system
of care requires more than a network of accessible services. An infrastructure to support the service
network is also needed. This
infrastructure must include resources for information and referral, care
coordination, education and support for service providers and families,
research and evaluation, financial management and administration, and other
important functions. While some resources
to support this infrastructure are available in Colorado, they are not part of
a comprehensive system of care for persons with TBI.
Background
and Historical Context
For many years, persons with brain injury, parents
and other family members, health and advocacy organizations, providers, key
state agencies and other Colorado stakeholders have been laying the groundwork
for the development of this Strategic Action Plan. Historically, the Brain Injury Association of
Colorado (BIAC) has been the state's grassroots force behind BI prevention,
survivor and family support, and systems development efforts. Formed in 1980, BIAC serves as the
clearinghouse for BI prevention, education and support programs; provides
leadership for legislative/advocacy initiatives; and acts as a resource
referral and access agency.
Another important organization for early system
development efforts in Colorado was the Rocky Mountain Regional Brain Injury
Center (RMRBIC), which was established in 1989.
This four-year, federally-funded grant project covered the entire Rocky
Mountain region. However, its location
in Colorado facilitated the beginning development of a statewide infrastructure
to support persons with TBI and their families.
Some Colorado initiatives promoted by RMRBIC
include:
·formation of the BI Task Force (see next paragraph)
in collaboration with BIAC;
·development of TBI surveillance activities located
in the Colorado Department of Public Health and Environment with funding from
the Centers for Disease Control;
·implementation of prevention and educational
activities; and
·development of a Medicaid Home and Community Based
Services Waiver for Persons with Brain Injury (HCBS-BI).
·
In 1992, BIAC and RMRBIC established the Brain
Injury Task Force, an advocacy coalition whose primary purpose was to influence
public policy and legislation. BIAC and
the Task Force successfully advocated for legislation focused on BI prevention,
changes in automobile insurance, Medicaid managed care, attendant care, seat
belts, and many other issues. In late
1997, BIAC and the Task force formed the Brain Injury Legislative Coalition to
study initiatives in other states and make recommendations for the establishment
of a catastrophic fund for Coloradoans with BI.
Colorado entered a new phase of service system
development through the involvement of the Colorado Department of Human
Services (CDHS). In February, 1998, BIAC
representatives approached Department leaders with a request to collaborate on
a HRSA-MCH planning grant for TBI.
Although the 1998 federal grant application was not successful, the
Department's Office of Health and Rehabilitation Services (OHRS) agreed to take
the lead on a statewide TBI planning initiative with approval from then
Governor Roy Romer. Supported by cash
contributions from one local and three state agencies, an Advisory Board was
formed, and needs assessments activities began through a contract with
BIAC.
Colorado's 1999 planning grant application to
HRSA-MCHB was approved and funded, providing additional support for the
development of the Strategic Action Plan.
Leadership and staffing for this planning initiative has been a collaborative
effort by the Brain Injury Advisory Board, BIAC and CDHS. In April, 2000, Governor Bill Owens
formalized this involvement by designating CDHS as the lead state agency
responsible for coordinating BI issues.
The Governor's Order (see Appendix 1) specifies that CDHS is responsible
for:
·coordinating state agency activities related to
brain injury;
·supporting the Brain Injury Advisory Board;
·gathering and analyzing needs and resource
assessment data, and using these data to make recommendations regarding service
needs;
·developing an inventory of services and data for
the brain injured population; and
·facilitating funding requests to support the needs
of the population, including federal and private support.
·The Order also names a number of state agencies
that are to coordinate with CDHS, BIAC, providers, educational institutions,
persons with TBI, families, and other relevant stakeholders.
Colorado Advisory Board for Persons
with Brain Injury
The Colorado Brain Injury Advisory Board held its
first meeting in October, 1998. It is
composed of 32 members, and includes persons with brain injuries, family
members, representatives of key state agencies, public and private providers,
higher education/research institutions, and advocacy organizations (see
Appendix 2 for a roster of Board and committee members). Approximately half of the Board members are
persons with brain injuries or family members; several members play dual roles
as agency representatives as well as survivors or family members. The Advisory Board has been instrumental in
the development of this Strategic Action Plan.
Specific functions of the Board in the planning process have included
overseeing the needs and resource assessments, developing strategies to address
the identified needs, prioritizing the strategies, and developing action steps
designed to implement the priorities.
Planning Process
Development of this Strategic Action Plan
began in early 1999 with a series of needs and resource assessments which are
described in the following section. The
needs/resource assessment process was guided by the Colorado Brain Injury
Advisory Board. The Board formed two
Needs and Resources Committees – one focused on children and adolescents, and
the other for adults and older adults.
These committees met at least monthly for regularly for 1˝ years to
oversee the development of assessment tools and methods, provide consultation
on data collection, and evaluate results.
Final reports from these two committees (see Appendix 3) were used to
develop a list of issues that formed the basis for the strategic plan.
Colorado TBI planning staff
then prepared a summary analysis of eight planning issues which synthesized the
results of the needs and resource assessments and incorporated the reports from
the Needs and Resources Committees. This
analysis, which details needs, resources and potential strategies for each
identified planning issue or theme, is included in a later section of this
document. It was used as the springboard
for an all-day planning retreat of 55 Board and committee members and other
stakeholders which was held on August 1, 2000.
Retreat participants used the analysis to develop a list of 23
strategies, each of which addresses one of more of the eight planning issues
identified by the needs/resource analysis.
Later that month, the Advisory Board's Steering
Committee reviewed the list of strategies from the retreat, developing four top
priority goals to be addressed through this Strategic Action Plan over the next
five years. The committee used the
following prioritization criteria:
·
level of need
identified in the assessments,
·
availability of
resources and opportunities to support progress toward the goal, and
·
extent to which
accomplishment of the goal would serve as a foundation for future efforts
toward a system of care.
At
its September meeting, the Advisory Board ratified the four top
priorities. Additional stakeholder
feedback was gathered at the annual BIAC conference
in October, 2000, and a draft Strategic Action Plan was developed and submitted
to the Board for review at its December, 2000 meeting. Since that time, four new Board committees
have been working to develop action steps to address each of the four priority
goals, and work has begun on some of the action steps. The last section of this document outlines
the four priority goals, action steps, responsible parties and timelines. Since this is a dynamic plan, it is
recognized that the action items and priorities may change during the coming
years based on changes in the environment, newly recognized needs, and
opportunities that may arise. The Brain
Injury Advisory Board will be responsible for monitoring progress toward the
achievement of the current goals, and for modifying the plan as needed.
Needs/Resource
Assessments
Two types of resource
assessments were conducted. The first
involved interviews with representatives of 24 state agencies to determine the
agencies' awareness of, and involvement in TBI issues, and their perceptions of
TBI needs and resources. Needs and gaps
identified by these informants included:
·lack
of awareness and information about TBI among consumers and providers,
·limited
options for meeting long-term needs,
·identification
and follow-up with children and adolescents,
·funding,
and
·need
for a single state agency with primary responsibility for BI issues.
·In
June, 2000, Pam Law, the Project Coordinator for Colorado's TBI planning
initiative, completed a second resource assessment of public and private
providers. In-depth interviews were
conducted with a representative sample of agency-based and individual providers
of TBI services drawn from the Resource Directory compiled by the Brain Injury
Association of Colorado. System
strengths identified through the resource assessments included:
·a
strong foundation for research, data collection and identification of best
practices through such resources as: the
surveillance program located at the Colorado Department of Public Health and
Environment, the TBI Follow-up Study and Rocky Mountain Brain Injury System led
by CDPHE and Craig Hospital, and nationally-known researchers at Colorado State
University and the University of Colorado Health Sciences Center;
·active
prevention programs conducted by both public and private sector agencies and
organizations;
·a
well-developed mechanism for statewide advocacy and support through the Brain
Injury Association of Colorado and its network of support groups;
·the
Medicaid Home and Community Based Waiver Program for persons with Brain Injury
(HCBS-MI);
·a
large number and variety of nationally-recognized treatment programs, located
in both the public and private sectors;
·state
and local agencies that were aware of the needs of persons with brain injuries,
and willing to work toward solutions.
·Three
methods were used to assess system and individual needs. In October, 1999, eight community forums were
held in conjunction with the annual BIAC conference. Although each forum focused on a particular
theme (e.g., rural issues, education issues for children and adolescents,
experiences of adults five years after TBI), the discussions were wide
ranging. An analysis of the recorded
discussions identified seven areas of unmet need or concern:
·increased
awareness about TBI for the general public,
·improved
education/training for providers (including state agency and school personnel),
·information
and resources for persons with TBI and families,
·increased
funding to support services,
·coordination
across systems and services, available and accessible services, and
·services
and supports tailored to the special needs of ethnic/cultural minorities and
rural residents.
·A
second needs assessment method used a printed questionnaire, which was
distributed at the statewide BIAC conference, through its newsletter, and at support
groups across the state. Completed
questionnaires were received from 352 individuals, including 158 persons with
TBI, 83 family members, 103 providers, and eight others. Data from the questionnaire were analyzed and
results reported to the Board in March, 2000.
This survey identified care coordination as the greatest
service need. Barriers endorsed as
"huge obstacles" by over 60% of the respondents included:
·"service
system is confusing,"
·"it's
hard to get information about available services,"
·"it's
hard to know where to start to get services," and
·"not
enough providers with specialized knowledge."
·Finally, the Board and committees analyzed and
evaluated data from the statewide TBI surveillance system based at the Injury
Epidemiology Program at the Colorado Department of Public Health and
Environment, and from the TBI Follow-Up System managed by Craig Hospital in
Denver. Both of these systems are
supported by grants from the federal Centers for Disease Control.
Summary
Analysis of Needs, Resources
and Planning Issues
The following analysis
was prepared by staff of the TBI Planning Project for use at the August 1,
2000, planning retreat of the Colorado Brain Injury Advisory Board. It was prepared by analyzing and compiling
the results of the needs and resource assessments, including the TBI Follow-up
Study, and the reports from the two Needs and Resource sub-committees of the
Board which may be found in Appendix 3.
Issue: Research/Data/Evaluation
Resources/Opportunities
·Colorado TBI Registry – Dept. of Public Health and
Environment
·Colorado TBI Follow-Up Study – CDPHE and Craig
·CSU Qualitative Studies (Pat Sample)
·Colorado Model Systems Project (Craig, St.
Anthony's, etc)
·Some information in existing data systems (Medicaid
waiver, Voc Rehab, Workers Comp, insurance companies, Denver VA Hospital)
·St. Anthony's Central Emergency Department 30-day
follow-up study
·Potential opportunities for research/evaluation
studies from Centers for Disease Control and National Institute of Disability
Rehabilitation and Research
·Existing infrastructure and expertise in BI data
collection/analysis, evaluation and research on BI at Health Dept., Craig, CSU,
UCHSC, St. Anthony's, VA, etc.
·Needs
·Follow-up studies on children and adolescents
(under 16)
·Information on prevalence of non-hospitalized/mild
brain injuries
·Identification of what services work best for which
types of people with BI
·Identification of number of persons in nursing
homes, corrections, etc., with BI
·
Issue: Information,
Education, and Support for Persons with TBI and Families
Resources/Opportunities
·BIAC Information and Referral function
·Health Dept. surveillance and Craig follow-up study
·BIAC Support Groups
·Some support groups sponsored by providers
·BIAC peer advocates/family advocates
·Dept. of Education is developing curriculum for
teachers
·Identification of survivors through TBI Registry
and Craig Follow-Up Study
·Many types of printed informational/educational
materials for survivors, family already exist from national and state sources
·Needs
·Statewide referral system to direct
survivors/family to providers and resources
·Training for BIAC Information and Referral staff
for appropriate resource referral
·Screening instrument to identify BI in school,
corrections, MH and other populations
·Education for teachers, coaches, law enforcement,
etc., regarding signs and symptoms of BI
·Public awareness of different levels of brain
injury and need for follow up
·Community outreach coordinators/advocates
·Support groups and other mechanisms for support in
rural areas
·Specialized information/outreach/support for
different ethnic/cultural groups
·Method of contacting survivors after discharge
·
Issue: Information,
Education, Training and Support for Service Providers and Other
Professionals
Resources/Opportunities
·BIAC/BIA Conferences
·Informational materials for teachers, coaches,
emergency room staff, etc. from BIA, Centers for Disease Control, federal grant
projects
·Training resources at CSU, UCHSC, etc.
·Needs
·Better education about brain injury, including
recognizing signs and symptoms, for medical professionals, teachers, emergency
room staff, law enforcement, mental health and substance abuse providers, etc.
·Awareness/education for state agency staff, related
providers
·Credentialing process for providers of brain injury
services
·Support/consultation network for rural providers
·
Issue: Resource
Expansion, System and Policy Changes
Resources/Opportunities
·Existing Brain Injury Advisory Board
·Governor's Order authorizing Dept. of Human
Services to coordinate BI issues
·State Worker's Compensation System and Guidelines
·Existing BI and Elderly, Blind and Disabled
Medicaid Waiver programs
·Developmental Disabilities system
·BI Legislative Coalition
·Needs/Implementation Barriers
·Change policies/regulations to provide more
flexible, longer-term services
·Recognition for needs of persons with
"mild" injuries
·Policies that provide treatment for persons with
co-occurring disorders
·Interagency collaboration/service coordination
·Increased public funding for services/care
coordination
·Increased reimbursement rates for providers with BI
treatment expertise
·
Issue: Care Coordination/Advocacy/Case
Management
Resources/Opportunities
·BIA Self Advocacy for Independent Living (SAIL)
Program
·Single Entry Point Agencies throughout the state
·Private care coordination/case management providers
·Needs
·Training for existing staff who perform case
management/care coordination function (e.g., single entry points)
·Funding for care coordination system
·Mechanisms for timely referrals/liaisons with
providers
·Extended care coordination for persons with
lifelong needs
·
Issue: Long-Term
Services and Supports
Resources/Opportunities
·Dept. of Human Services Supportive Housing and
Homeless program
·Craig Model Systems projects
·Numerous providers with appropriate expertise
·Vocational Rehabilitation system
·BI and Elderly, Blind and Disabled waiver programs
·Ticket to Work Act
·Community colleges and occupational education
system
·Independent Living Centers
·Adult Protective Services/Guardianship programs
·Needs
·Housing – assisted living programs
·Increased availability of independent living skills
training
·Respite care
·Mental health treatment for depression, etc.
·Vocational/employment programs, flexible job
opportunities
·Community re-entry services after hospitalization
to facilitate transitions to school and work
·Training for vocational rehabilitation counselors,
housing specialists and others who provide long-term care
·Resources for cognitive re-training services and
management of severe behavior problems
·Mechanisms for lifelong supports
·
Issue: Education-Related Strategies for
Children and Adolescents
Resources/Opportunities
·New Start Program at Center for Community
Participation at CSU, including screening tool
·Brain Stars at Children's Hospital
·Department of Education training manual being
developed
·TBI teams in some school districts
·Extensive resources available nationally
·Needs
·identification of students with unrecognized TBI
·changes in educational policies/practices that
present barriers to effective support of students with TBI
·awareness/education/training for teachers and other
school personnel
·awareness/education for parents regarding rights,
services
·development/expansion of transitional services from
high school to college
·
Issue: Special
Strategies for Persons in Rural Areas
Resources/Opportunities
·expertise and infrastructure at CSU
·existing providers in Grand Junction, Greeley, Ft.
Collins, other rural communities
·Independent Living Centers located in rural
communities
·Single Entry Point agencies and Medicaid waiver
program providers
·Needs
·housing/assisted living facilities
·improved access to providers of all types
·more support groups and peer advocacy through BIAC
or other agencies
·assistance with transportation
·support/education for rural providers, including
MH, vocational counselors, law enforcement, etc.
·
Recommended Strategies
for TBI Action Plan
Brain Injury
Advisory Board Planning Retreat
August 1,
2000
Care
Coordination/Advocacy:
1.0.One-stop, single entry point for systems navigation
·Partnership between State and BIAC
·Professional/peer team
·Options to contract at community level with
vocational rehabilitation, public health, etc.
·
2.0.Elective, standardized certification/training
program for persons who provide case management/care coordination
·Develop core curriculum and training delivery plan
·Develop criteria for certification
·Coordinate delivery with BIAC annual conference
·
Children/Education:
3.0.Improve ability of school personnel to
educate/support students w/BI
·Screening tool to help school personnel identify
students with unrecognized BI
·Reinstate BI teams
·Develop educational packet to be given at hospital
or back to school night -include information on Section 504 of the federal
Disabilities Act and Individuals with Disabilities Education Act (IDEA)
·Link on Colorado Department of Education (CDE) website
to BIAC, other resources
·
4.0.Policy/intersystem changes in schools
·Develop standard Individualized Education Plan
(IEP) guidelines for all school districts for students w/BI
·Change law so that every student w/BI has an IEP
·Help school districts develop systems to address
needs of students w/BI
·Develop standardized process/guidelines for
transition from hospital to school
·Include information on BI in university coursework
for teachers
·
5.0.Direct community support services for children and
adolescents
·Support groups
·Play groups
·Parent training
·Case management/advocacy for child and family
·Central resource clearinghouse
·Activity center/website for peer support
·
Funding/Policy
Changes:
6.0.Change policies in state agencies that would
improve services for people with BI
·Meet with appropriate state agencies including
divisions internal to CDHS
·Identify coordinator in each agency
·Hold meetings in each agency of persons involved in
BI issues
·Identify policy changes that would improve services
·Implement policy changes as identified
·
7.0.Awareness/education for legislators and public
·Grassroots education effort: families, young voters, etc.
·Develop packets for legislators, sports
participants, emergency rooms, etc.
·Develop website for information and referral for
communities
·Get Governor's Proclamation for Brain Injury
Awareness Month
·Conduct research for catastrophic fund
·Develop PSAs for radio and television, short
articles for newspapers
·
8.0.Implement user tax to cover funding for majority of
population with BI. Funding to be used
for early identification and treatment
·Fee added to motorcycle registration, bicycle
registration, ski lift tickets, drivers' license fee, athletic activity fee,
etc.
·Obtain actuarial projection for amount required and
largest causes
·Legislation to enact user taxes in 2002 session
·Funds to go to Department of Human Services
·
Information/Education/Support
for Individuals with BI and Families
9.0.Create a Colorado 1-800 number with trained staff
for information, referral and support
·Design program
·Prepare budget and obtain funding
·Update resource directory and website
·Develop recorded menu and website information
·Develop training, hire and train staff
·Market availability of 1-800 number
·Maintain resource directory and website
·
10.0.Expand peer advocacy program statewide
·Hire staff
·Develop standardized training materials
·
11.0.Increase information to community
·Develop brochure for distribution to hospitals and
schools
·Speakers bureau – for schools, senior centers,
sports organizations, prisons, social security, fire departments/police,
homeless shelters, support
·1-800 helpline
·
12.0.Increase public awareness
·Develop brochures/presentations on special topics
(e.g., insurance issues, brochures for ethnic/cultural minorities)
·Create public awareness team
·Speakers bureau
·
Long-Term Services and
Supports
13.0.Develop a prototype of a functionally-based,
individualized system of long-term services and supports
·Research other state models, including delivery
system and funding
·Define parameters and characteristics of a system
of supportive services
·Research funding streams for support, including
private pay, public and user fees.
·Develop pilot program, include supported living
services (housing and/or mentoring) and non-medical supportive services
·Evaluate program
·
Provider Education:
14.0.Provide statewide/regional training for educators,
school personnel, state employees, etc. (positions that are gatekeepers to
services for people who might not access services on their own)
·Identify target groups and educational content of
the training
·Develop training plan
·Deliver training
·Evaluate program
·
15.0.Develop provider network, resources (printed
materials, verbal information), and credentialing process
·Recruit statewide providers for network development
·Develop information clearinghouse (fact sheets,
brochures, website, speakers bureau, information for MDs and emergency room
personnel, etc.)
·Develop resource library for information and
referral
·Marketing plan to inform providers of availability
·Education campaign for gatekeepers
·Change university curricula for professional
disciplines to include information on BI
·Develop credentialing process
·
16.0.Create BI division within CDHS responsible for
educating other state departments, law enforcement agencies, schools, other
Colorado service providers
·Pilot project in medical schools and allied health
education programs, target training to emergency room personnel focused on
early diagnosis and resource identification and management
·Provide resource information that emergency room
personnel can hand persons with BI diagnoses, especially outpatients, for
follow-up
·
17.0.Educational information for hospitals to give to
patients with BI and families
·Paid position to visit hospitals and hand out
materials (e.g., magnets with 1-800 number)
·Same person educates hospital staff and other
providers at lunchtime inservices
·
18.0.Develop screening tool for use in schools by
teachers and other personnel
·Adapt/build on screening tool developed by the
Center for Community Participation, now being piloted in Poudre School District
·Develop implementation process for statewide
implementation
·Develop and conduct training on how to use tool
·Implement statewide
·
19.0.Develop screening tool for use in emergency rooms,
and by emergency medical technicians
·Attach tool to existing medical history for new
patients
·Educate General Practitioners and other doctors on
appropriate questions to ask when signs and symptoms are present – use
screening tool
·Have screening tool in ER, implement sideline card
from Jim Kelly
·EMTs use check list, sideline cards
·Respond First Aid include card/checklist
·
Research:
20.0.Count and identify all children and adolescents
ages 0-16 with BI
·Get numbers from Health Dept. database of children
hospitalized with TBI since 1991
·Contact hospitals in the state – to count TBI
admissions from 83-91
·Centers for Disease Control pilot project?
·
21.0.Count and identify all persons with mild BI who are
not hospitalized
·Use ER data to count people with post-concussive
syndrome
·Survey nursing homes in state association to
identify number of individuals seen with mild TBI
·
Rural Issues:
22.0.State-funded training programs for education and
awareness
·Conduct training for medical personnel, attorneys,
care providers, hospitals, and CDHS staff
·Create consistent training programs for peer
advocates
·Expand community education
(community/service/religious organizations, school/PTA, government/political
groups, etc.)
·
23.0.Increase access to resources for people involved
with BI
·Use high tech/video conferencing for
telemedicine/support
·Develop marketing plan – newsletters, etc.
·
Prioritized Strategies and Action Plan
|
Strategy/Goal: Create
a clearinghouse for information,
referral and support which can be accessed through a 1-800 number,
has trained staff available, and includes a website, resource directory,
and information library.
|
Priority
1
|
|
Action Steps:
|
Timeframe
|
Resources Needed
|
Responsibility
|
|
Design
clearinghouse program
|
By
1/2001
|
Information
re: models from other states
|
Statewide
information & referral committee
|
|
Prepare
budget and obtain funding
|
By
3/2001
|
Grant
from HRSA/MCHB
|
CDHS,
BIAC, Advisory Board
|
|
Develop
recorded menu, website information
|
By
7/2001
|
1-800-number
Website developer
|
BIAC,
I&R specialists
|
|
Develop
training, hire and train staff
|
By
8/2001
|
Training
program
|
RATC,
BIAC, CDHS
|
|
Update
resource directory and website
|
By
9/2001
|
Website
consultation, $$ for materials development
|
BIAC,
website consultant, I & R committee
|
|
Compile
information library
|
By
9/2001
|
Materials
from national sources, assistance from TBI-TAC media specialist
|
BIAC,
I&R specialists, CDHS
|
|
Develop
marketing plan and materials to advertise availability of clearinghouse.
|
By
9/2001
|
Consultation
from CDHS Public Info. Director
Logo/marketing materials
PSA’s, press releases, other marketing
methods
|
BIAC,
CDHS, statewide information & referral committee
|
|
Provide
I & R services to 300 persons/organizations
|
8/2001-3/2002
|
Website,
1-800-number, info. library, directory, eMail
|
I &
R specialists
|
|
Evaluate
Year One program
|
12/2001-3/2002
|
Program
eval. consultation, program data
|
Prog.
evaluator, CDHS prog. assistant, BIAC, Advisory Bd.
|
|
Expand/update
resource directory, website, information library, and advertising campaign.
|
3-7/2002
|
Materials,
feedback from evaluation
|
BIAC,
CDHS
|
|
Develop
plan for sustaining program after grant funding ends.
|
4-9/2002
|
|
CDHS,
BIAC, Advisory Bd.
|
|
Provide
I & R services to 1000 persons/organizations
|
4/2002-3/2003
|
Website,
1-800-number, info. library, directory, eMail
|
I &
R specialists
|
|
Evaluate
Year Two program
|
12/2002-3/2003
|
Program
eval. consultation, program data
|
Prog.
evaluator, CDHS prog. assistant, BIAC, Advisory Bd.
|
|
Expand/update
resource directory, website, information library and advertising campaign.
|
3-7/2003
|
Materials,
feedback from evaluation
|
BIAC,
CDHS
|
|
Provide
I & R services to 2000 persons/organizations
|
4/2003-3/2004
|
Website,
1-800-number, info. library, directory, eMail
|
I &
R specialists
|
|
Implement
plan for sustaining program after grant funding ends.
|
9/2002-3/2004
|
Program
evaluation data, resources from state and/or private sources.
|
CDHS,
BIAC, Advisory Board
|
|
Evaluate
Year Three program
|
12/2003-3/2004
|
Program
eval. consultation, program data
|
Prog.
evaluator, CDHS prog. assistant, BIAC, Advisory Bd.
|
|
Expand/update
resource directory, website, advertising campaign and information library
|
3-7/2004
|
Materials,
feedback from evaluation
|
BIAC,
CDHS
|
|
|
|
|
|
|
Strategy/Goal: Enhance
local service systems for persons with
TBI by developing and piloting rural and urban programs for information exchange,
resource identification, and coordination of services and supports.
|
Priority
2
|
|
Action Steps:
|
Timeframe
|
Resources Needed
|
Responsibility
|
|
Design
local information, referral and resource coordination program, and select
pilot sites
|
By
1/2001
|
Information
re: models from other states, resource information from potential pilot sites.
|
Local
resource coordination committee
|
|
Prepare
budget and obtain funding
|
By
3/2001
|
Grant
from HRSA/MCHB
|
CDHS,
BIAC, Advisory Board
|
|
Develop
training program, hire and train staff
|
By
8/2001
|
Training
program, materials
|
RATC,
BIAC, CDHS
|
|
Develop
local networks composed of providers, survivors, families, professionals.
|
By
11/2001
|
Assistance
from Board members, support groups & state agency reps. to identify members
|
Local
staff, BIAC, CDHS, local resource coordination committee
|
|
Provide
training to network members
|
Ongoing
|
Training
curriculum & materials from state agency training (see goal 4 below).
|
Local
staff, CDHS, BIAC
|
|
Provide
local I&R services to 30 persons in each pilot site.
|
9/2001-3/2002
|
Coordination
w/state I&R function, resource directory, assistance from local providers
|
Local
staff, BIAC, CDHS
|
|
Provide
access to services for 10 persons in each pilot site.
|
9/2001-3/2002
|
Assistance
from state agencies and local network members.
|
Local
network, local staff
|
|
Evaluate
local pilots and make changes as necessary.
|
1-3/2002
|
Data
collection, program evaluation results
|
Program
evaluator, CDHS, BIAC, Advisory Board, local network
|
|
Provide
local I&R services to 100 persons in each pilot site.
|
4/2002-3/2003
|
Coordination
w/state I&R function, resource directory, assistance from providers
|
Local
staff, BIAC, CDHS
|
|
Provide
access to services for 30 persons in each pilot site.
|
4/2002-3/2003
|
Assistance
from state agencies & network members.
|
Local
network, local staff
|
|
Develop
plan for sustaining local pilots and expanding to other areas of the state
after grant funding ends.
|
4/2002-9/2002
|
|
BIAC,
CDHS, Advisory Board, local network
|
|
Evaluate
local pilots and make changes as necessary.
|
1-3/2003
|
Data
collection, program evaluation results
|
Program
evaluator, CDHS, BIAC, Advisory Board, local network
|
|
Provide
local I&R services to 30 persons in each pilot site.
|
9/2001-3/2002
|
Coordination
w/state I&R function, resource directory, assistance from providers
|
Local
staff, BIAC, CDHS
|
|
Provide
access to services for 10 persons in each pilot site.
|
9/2001-3/2002
|
Assistance
from state agencies and local network members.
|
Local
network, local staff
|
|
Evaluate
local pilots and make changes as necessary.
|
1-3/2002
|
Data
collection, program evaluation results
|
Program
evaluator, CDHS, BIAC, Advisory Board, local network
|
|
Implement
plan for sustaining/expanding local pilot programs after grant funding ends.
|
9/2002-3/2004
|
Program
evaluation data, resources from state, local and/or private sources
|
BIAC,
CDHS, Advisory Board, local network
|
|
|
|
|
|
|
Strategy/Goal: Improve
the capacity of schools to recognize,
educate and support students with TBI by developing an information/education
initiative for teachers, parents and other school personnel.
|
Priority
3
|
|
Action Steps:
|
Timeframe
|
Resources Needed
|
Responsibility
|
|
Make
screening tool available at all levels: teachers, school nurses, coaches, athletic
directors, families, child welfare workers, staff of youth correctional
facilities.
|
By
4/2002
|
Piloted
and finalized screening tool
|
CSU
Center for Community Participation (CCP), CDHS
|
|
Create
BI Resource Teams in districts (peer model) to provide consultation and training
for teachers and increase community awareness.
|
9/2000
– 6/2004
|
Info.
re models in other states, training materials, consultation & assistance from
CDE, districts, CSU/CCP, Brain(Stars
|
CDE,
CDPHE, CCP, Brain(Stars
|
|
Distribute
manual and materials from CDE and Brain(Stars to all school districts in the
state.
|
By
10/2001
|
Completed
manual and materials
|
CDE,
CDPHE, Brain(Stars
|
|
Hold
statewide conference for school nurses and special education personnel
|
By
3/3003
|
Training
materials
|
CDHS,
CDE, CDPHE, Brain(Stars, Advisory Bd.
|
|
Hold
regional training sessions for teachers, child welfare workers and staff of
youth correctional facilities
|
By
3/3004
|
Training
materials
|
CDHS,
CDE, CDPHE, Brain(Stars, Advisory Bd.
|
|
Evaluate
materials and training programs and make changes as needed.
|
By
3/3004
|
Program
evaluation data
|
Program
evaluator, CDHS, CDE, CDPHE, Brain(Stars, Advisory Board
|
|
Collect
and evaluate data regarding school policies that help or hinder services for
students with BI.
|
By
3/3004
|
Data
from CDE
|
CDE,
CDPHE, Brain(Stars, Advisory Board
|
|
Develop
plan for next steps in interventions focused on children and adolescents
|
9/3004-3/3004
|
Program
evaluation data, needs assessment data
|
CDE,
CDPHE, Brain(Stars, Advisory Board
|
|
|
|
|
|
|
Strategy/Goal: Increase
awareness of state agency personnel
about brain injury issues, and identify and change existing state policies
that currently present barriers to an effective service system.
|
Priority
4
|
|
Action Steps:
|
Timeframe
|
Resources Needed
|
Responsibility
|
|
Write
letter to all state agencies named in the Governor’s Order, identify contact
person(s) in each agency
|
By
8/2000
|
Support
from state leaders
|
CDHS
|
|
Prepare
training program for state agency personnel
|
By
11/2000
|
Training
materials, consultation from Advisory Board members,
|
CDHS,
Advisory Board
|
|
Conduct
training programs for staff in all state agencies identified in the
Governor’s Order
|
11/2000-11/2001
|
Training
materials, assistance from state agency contacts, trainer volunteers from Advisory
Board
|
CDHS,
state agency contacts, Advisory Board
|
|
Identify
state policies that present barriers
|
1-12/2001
|
Information
on state policies
|
CDHS,
state agency contacts, Advisory Board
|
|
Prioritize
policies that need to be changed, and prepare plan to make changes
|
1-6/2002
|
|
CDHS,
state agency contacts, Advisory Board
|
|
Implement
plan for policy changes
|
6/2002
and ongoing
|
Support
from key state leadership, legislators, etc.
|
CDHS,
state agency contacts, Advisory Board, state leadership
|
Senior Services, Governor’s Commission on
ORS 410.320
Advises
the Governor and the Director of Human Services on needs of the elderly; recommends
action; advocates for the elderly.
Membership:
·Total: 23+
·Governor Appoints: 21+
·Other Appointments: Speaker
of the House--1; Senate President—1
·
Position Requirements:
·A majority of members shall
be 60 years of age or older
·Persons broadly representative
of public & private agencies, experienced/interested in the special needs
of elderly persons
·Persons active in organizations
for elderly persons
·Advocates for elderly persons
·Persons active in advocacy
organizations for low income, minority & disabled persons served by the
Dept of Human Services
·
GOVERNOR’S
COMMISSION ON SENIOR SERVICES
410.320
Governor’s Commission on Senior Services. (1) The Governor’s
Commission on Senior Services is created. The commission shall consist of at
least 21 members appointed by the Governor for terms of three years.
(2)
Prior to making appointments, the Governor shall request and consider
recommendations from the area agencies on aging and other interested senior
organizations. The Governor shall designate a member to serve at the pleasure
of the Governor as chairperson for a term of two years with such duties as the
Governor shall prescribe. The membership of the commission shall be composed of
persons broadly representative of major public and private agencies who are
experienced in or have demonstrated particular interest in the special needs of
elderly persons, including persons who have been active in organizations and
advocates on behalf of elderly persons. Additionally, membership shall include
persons who are active in advocacy organizations representing the interests of
disabled persons who are served in programs under the Department of Human
Services and consumers of services provided primarily to elderly persons and
disabled persons under department programs, including low income, minority and
disabled persons. At least a majority of members shall be 60 years of age or
older.
(3)
The Governor’s Commission on Senior Services shall advise the Governor and the
Director of Human Services on needs of elderly persons, and recommend actions
by the Governor, the Department of Human Services, other governmental entities
and the private sector, appropriate to meet such needs.
(4)
The commission shall have authority to study programs and budgets of all state
agencies that affect elderly persons. After such study, the commission shall
make recommendations to the Governor and to the agencies involved. Such
recommendations shall be designed to provide coordination of programs for
elderly persons, to avoid unnecessary duplication in provision of services, and
to point out gaps in provision of services. The commission shall also recommend
development of a comprehensive plan for delivery of services to elderly persons.
In carrying out these tasks, the commission shall coordinate its efforts with
other advisory groups within the Department of Human Services to avoid
duplication of effort.
(5)
The commission shall promote responsible statewide advocacy for elderly persons.
(6)
Members of the commission, other than legislators, shall be entitled to
compensation and expenses as provided in ORS 292.495. [Formerly 184.900; 1983
c.740 §130; 1989 c.224 §79; 1991 c.67 §103; 2001 c.900 §82]
410.330
Legislator members; expenses. (1) In addition to
the members of the Governor’s Commission on Senior Services appointed under ORS
410.320, the President of the Senate shall appoint one member from the Senate
and the Speaker of the House of Representatives shall appoint one member from the
House of Representatives. If the Speaker of the House of Representatives or the
President of the Senate is a member, either may designate from time to time an
alternate from among the members of the appropriate house to exercise powers as
a member of the commission except that the alternate shall not preside if the
Speaker or President is chairperson.
(2)
The members of the commission appointed under subsection (1) of this section
shall be entitled to payment of compensation and expenses under ORS 171.072
from funds appropriated to the Legislative Assembly. [Formerly 184.905; 1983
c.740 §131; 1987 c.879 §15]
410.340
Appointments to fill vacancies. In case of a vacancy
on the Governor’s Commission on Senior Services, the appointing authority shall
appoint a successor for the remainder of the unexpired term. [Formerly 184.910;
1983 c.740 §132]
Appendix
xxAttachment D: Iowa
Mission
Statement and Statute
Mission Statement of the Iowa Advisory Council on
Brain Injuries
Iowa
Advisory
Council
on
Brain
Injuries
Appointee Handbook
Table of Contents
Introduction
Mission Statement
History of the Advisory Council
Task Forces Defined
Expectations of Advisory Council Members
Council Membership List
Council Staff
Council Bi-Laws
Chapter 135 of The Code of Iowa
Iowa Administrative Code as it applies to the
Council
Reimbursement Rates for Council Members
H (DisPrev): Brain
Injury Council/Council Handbooks/January 2002 Council Handbook.doc
Iowa Advisory Council
on Brain Injuries
Introduction
The purpose of this
handbook is to familiarize members of the Advisory Council with the activities,
expectations, membership, and the staff of the Council.
This handbook includes
an explanation of the Standing Task Forces, a brief history of the Council and
its mission, the expectations of Council members, the Council By-laws, The Code
of Iowa, and the Council’s section of the Administrative Rules.
Also included at the
end of this book are the reimbursement rates for travel-related expenses of
Council members. Council members can
request reimbursement for expenses related to Council meetings, and other
Council activities.
If you have any
questions about the contents of this handbook, or responsibilities as a Council
member, you can contact the Council staff at (515) 281-6283 or contact the
chairperson.
Mission Statement
Iowa Advisory Council
on Brain Injuries
The Mission of the Advisory Council is to:
¨ STUDY THE
NEEDS OF INDIVIDUALS WITH BRAIN INJURY AND THEIR FAMILIES
¨ MAKE
RECOMMENDATIONS REGARDING THE PLANNING, DEVELOPMENT, AND ADMINISTRATION OF A
COMPREHENSIVE STATEWIDE SERVICE DELIVERY SYSTEM
¨ PROMOTE AND
IMPLEMENT INJURY PREVENTION STRATEGIES
Traumatic brain injury
(TBI) is referred to as the “Silent Epidemic.” Using national data for
1995-1996, the CDC estimates that TBIs have this impact in the United States
each year:
·
1
million people are treated and released from hospital emergency departments
·
230,000
people are hospitalized and survive2
·
50,000
people die3
· “Head
injury” or “traumatic brain injury” is damage or sudden insult to the brain or
its coverings, not of a degenerative or congenital nature. This damage, or insult, can produce an
altered state of consciousness that may result in personality and intellectual
changes, as well as changes in physical, behavioral, and emotional
functioning. Since no two injuries are
alike, a person may exhibit one or more of these conditions as a result of the injury. The consequences of brain injury and its
disabling effects are socially, educationally, medically, and economically
devastating to individuals, families, and communities.
History and
Organization of the
Advisory Council
In 1989 the Iowa
Legislature established the Advisory Council on Head Injuries, now referred to
as the Iowa Advisory Council on Brain Injuries.
The Council was created in response to the needs of Iowans with brain
injury for a comprehensive service delivery system. The Advisory Council was assigned to the
Department of Human Rights in the Division of Persons with Disabilities. In 1992 responsibility was transferred to the
Department of Public Health in the Bureau of Disabilities and Injury
Prevention, now referred to as the Bureau of Health Promotion and Disability.
The Advisory Council
can consist of individuals with a brain injury, family members of persons with
brain injury, service providers, past or present legislators, representatives
from state departments, and other interested individuals. Voting members of the Council are appointed
by the Governor and serve two-year terms.
Ex-Officio Members and Ex-Officio Representatives are non-voting
representatives of state government departments that have relationships to
brain injury.
The Advisory Council
has an Executive Task Force and two standing task forces. The standing task forces are the Prevention
Task Force and the Service Task Force.
The Advisory Council holds quarterly meetings to discuss business and
positions of the Council on upcoming legislation or activities.
The Executive Task Force is made up of the Chairperson of the Council, the
Vice-Chair of the Council, the Secretary (in most cases the most recent past
Chairperson of the Council, if a current member of the Council), and the
Chairpersons of the two standing Task Forces.
The Executive Task Force is active during the interim time between
Council meetings setting the agenda for the Council meetings and acting on
Council business. At the next meeting of
the Council, interim actions of the Executive Task Force will be acted on by
the entire Council.
The Prevention Task Force looks at activities that the Council can support
or be involved in that would prevent or reduce the number or severity of brain
injuries in the state of Iowa. These
activities over the years have included supporting legislation that would make
motorcycle and bicycle helmets mandatory in the state of Iowa, support of
legislation that made seat belts mandatory in Iowa, funding the distribution of
bicycle helmets to children through the SAFE KIDS Coalitions in Iowa, and
support of local initiatives that would also further the goal of preventing or
reducing brain injury in Iowa.
The Service Task Force identifies activities that the Council can support
or be involved in that would improve the life of individuals with brain injury
by making needed service available in the state of Iowa. Activities that the Service Task Force has
been involved in have included supporting legislation that mandated a Home and
Community Based Services (HCBS) Medicaid Waiver for persons with a brain injury
in Iowa, participating in a working group which assisted the Department of
Human Services in the development and implementation of the HCBS/BI waiver, supporting
research which is studying the needs of Iowans with a brain injury, supporting
research which is looking at the availability of services for Iowans with a
brain injury, and involvement in working groups and coalitions to improve
service delivery for all persons with disabilities.
Expectations Of
Council Members
Congratulations on
your appointment to the Advisory Council on Brain Injuries. As a member of the Council you are a
representative for Iowans with brain injury.
Your job is to represent their interests to the Governor and
Legislature. In order for the Council to
fulfill its mission members of the Council need to be actively involved in
Council initiatives, activities, and administration. Your leadership abilities, knowledge, and
experience are the resources on which the Council and Iowans with brain injury
depend on.
Council members are
expected to become actively involved in the Council Task Forces, their
activities and initiatives. Your
input in these activities can make a difference for people with brain
injuries. Your involvement is very
important.
Council members are
expected to regularly attend the quarterly meetings. If you are cannot attend, call the Council
office and let them know as soon as possible.
This will allow important information to be mailed.
Council members have a
tremendous responsibility in representing the interests of the tens of
thousands of Iowans with brain injury.
This responsibility must be taken seriously. Consider your membership an opportunity to
have a positive impact on the lives of Iowans with brain injury.
The
Advisory Council was created by legislative statue.
It
is located in Chapter 135 of The Code of
Iowa
135.22A Advisory Council on Brain Injuries.
1.
For purposes of this section, unless the context otherwise requires:
a. "Brain
injury"
means an injury to the brain* as defined in section 135.22.
b. "Council" means the advisory council on brain injuries.
2. The advisory
council on brain injuries is established. The following persons or their
designees shall serve as ex officio, nonvoting members of the council:
a. The director of public health.
b. The director of human services and any division
administrators of the department of human services so assigned by the director.
c. The director of the department of education.
d. The chief of the special education bureau of the
department of education.
e. The administrator of the division of vocational
rehabilitation services of the department of education.
f. The director of the department for the blind.
g. The commissioner of insurance.
3. The council shall
be composed of a minimum of nine members appointed by the governor in addition
to the ex-officio members, and the governor may appoint additional members.
Insofar as practicable, the council shall include persons with brain injuries,
family members of persons with brain injuries, representa-tives
of industry, labor, business, and agriculture, representatives of federal,
state, and local government, and representatives of religious, charitable,
fraternal, civic, educational, medical, legal, veteran, welfare, and other
professional groups and organizations. Members shall be appointed represent-ing every geographic and employment area of the state and
shall include members of both sexes.
4.
Members of the council appointed by the governor shall be appointed for terms
of two years. Vacancies on the council shall be filled for the remainder of the
term of the original appointment. Members whose terms expire may be
re-appointed.
5.
The voting members of the council shall appoint a chairperson and a vice
chairperson and other officers as the council deems necessary. The officers
shall serve until their successors are appointed and qualified. Members of the
council shall receive actual expenses for their services. Members may also be eligible to receive
compensation as provided in section 7E.6. The council shall adopt rules
pursuant to chapter 17A.
6.
The council shall do all of the following:
a. Promote meetings and programs for the discussion
of methods to reduce the debilitating effects of brain injuries, and
disseminate information in cooperation with any other department, agency, or
entity on the prevention, evaluation, care, treatment, and rehabilitation of
persons affected by brain injuries.
b. Study and review current prevention, evaluation,
care, treatment, and rehabilitation technologies and recommend appropriate
preparation, training, retraining, and distribution of personnel and resources
in the provision of services to persons with brain injuries through private and
public residential facilities, day programs, and other specialized services.
c. Participate in developing and disseminating
criteria and standards which may be required for future funding or licensing of
facilities, day programs, and other specialized services for persons with brain
injuries in this state.
d. Make recommendations to the governor for
developing and administering a state plan to provide services for persons with
brain injuries.
e. Meet at least quarterly.
7.
The council is assigned to the department for administrative purposes. The
director shall be responsible for budgeting, program coordination, and related
management functions.
8.
The council may receive gifts, grants, or donations made for any of the
purposes of its programs and disburse and administer them in accordance with their
terms and under the direction of the director.
Section History:
Recent form
92 Acts, ch 1237, § 7; 94
Acts, ch 1068, §4; 94 Acts, ch
1109, §2; 97 Acts, ch 203, §13; 99 Acts, ch 141, §4
Internal References
Referred to in § 225C.23
Administrative code
provides detail for the day to day activity of the Council.
IOWA
ADMINISTRATIVE CODE
ADVISORY
COUNCIL ON HEAD INJURIES
641-55.1 Council established. The advisory council on head injuries, part
of the Iowa department of public health, is established pursuant to 1992 Iowa
Acts, House File 2457, section 7, consisting of a minimum of nine members in
addition to the ex officio members. The
council shall appoint the chairperson, vice chairperson, and secretary of the
council. The officers shall serve until
their successors are appointed.
641-55.2 Meetings. The advisory council on head injuries shall
meet at least quarterly. The first
meeting of the fiscal year is the annual meeting. Upcoming meeting dates are set at regular
council meetings. A majority of the
members shall constitute a quorum.
All meetings will be held in
facilities accessible and functional for people with physical
disabilities. A good faith effort will
be made to have all written meeting materials available in Braille or on audio
tape if requested by people with visual impairments and to provide sign
language interpreters for people who are deaf if requests are received within a
reasonable time prior to the meeting.
Notice of a meeting is published at least 24 hours prior t the meeting
and will contain the specific date, time, and place of the meeting. All meetings shall be held in facilities that
are accessible to people with physical disabilities. Agendas are available to any interested
persons a minimum of five days prior to or at the meeting. If requested, agendas are available in
Braille or on audiocassette. All
meetings are open to the public unless a closed session is allowed, pursuant to
Iowa Code section 21.5, and is voted by two-thirds of the entire membership or
by all present. The operation of council
meetings will be governed by the following rules of procedure:
55.2(1) Any
council member who is unable to attend a meeting will notify the council
office; there may not be a meeting if a majority is not present.
55.2(2) When a
quorum is present, a position is carried by an affirmative vote of a majority
of the entire membership of the council.
55.2(3) Persons
wishing to make a presentation to the council shall submit the request to the
council office not less than 14 days prior to the meeting. Presentations may be made at the discretion
of the chair or only upon matters appearing on the agenda.
55.2(4) Persons
wishing to submit written materials should do so at least 14 days in advance of
the scheduled meeting to ensure that council members have adequate time to
receive and evaluate the material.
55.2(5) Special
meetings may be called by the chair only upon finding good cause and shall be
held in strict accordance with Iowa Code chapter 21. Special meetings may also be called by a
majority of the members. A special
meeting does not include the task forces; it is an emergency meeting of the
council for business that cannot wait until the next regular council meeting.
55.2(6) Cameras
and recording devices may be used at open meetings, provided they do not
obstruct the meeting. If a person fails
to comply with the request, the presiding officer shall order that person
excluded from the meeting.
55.2(7) The
presiding officer may exclude any person from the meeting for repeated behavior
that disrupts the meeting.
55.2(8) Instances
not covered by these rules shall be governed by Robert’s Rules of Order (newly
revised).
55.2(9) The
council may conduct meetings by electronic means only in circumstances where
such a meeting in person would be impossible, or impractical, pursuant to Iowa
Code section 21.8. Any vote by mail
shall have the tabulated results presented at the next regular meeting of the
council and the ballots retained for a period of six months for confirmation of
results.
641-55.3 Task Forces. The chair of the council may establish task
forces as needed. Task forces may be
composed of voting, ex officio, and non-members. The task force meetings must be announced at
the regular meetings.
641-55.4 Minutes. The council office shall keep minutes of all
its meetings showing the date, time, place, members present, and the action
taken at each meeting. The minutes shall
show the results of each vote taken, and the vote of each member present shall
be made public at the open session.
Approved minutes shall be available at the council office for inspection
during office hours.
641-55.5 Duties of the council. Duties of the council are listed in Iowa Code
section 601K.80.
641-55.6 Conflict of interest. A conflict of interest exists when members of
the council participate in a way that directly affects the personal or
financial interests of the council members.
In order to avoid conflict of interest problems, council members who
have a personal or financial interest in an action must abstain from
participating in the entire process which would include both discussion and
voting. The council members who have or
think they may have a conflict of interest should declare that there is or may
be a conflict of interest and request a determination from the council. Where a conflict of interest is determined to
exist, council members should abstain from voting and should be recorded as
abstaining when votes are taken.
These
rules are intended to implement 1992 Iowa Acts, House File 2457, section 7.
: By-Laws Of The Iowa Advisory Council on
Brain Injuries
·
It is
the expressed intent of these by-laws to facilitate an Advisory Council on
Brain Injuries led by survivors and family members jointly with other people
and agencies having an interest in brain injury. Every opportunity will be used to foster and
create such a Council in which individuals with brain injuries and family
members have leadership roles.
·
When
in conflict these by-laws are superseded by the Code of Iowa or the Iowa
Administrative Code. The most current
Code of Iowa or Administrative Code takes precedence over any by-law entry.
·
The
mission of this Council shall consist of the following activities:
·
Study
the needs of individuals with brain injury and their families.
·
Make
recommendations regarding the planning, development, and administration of a
comprehensive statewide service delivery system.
·
Promote
and implement injury prevention strategies.
I. NAME
The name of this group shall be
The Advisory Council on Brain Injuries
II. FUNCTIONS
The functions of the Advisory Council on Brain
Injuries are defined in the Code of Iowa 135.22A. 6.
III. MEMBERSHIP
Membership of this Council shall consist of
appointed and ex-officio members.
A. Appointment
1. Appointment
of members of the Council shall be by the Governor.
2. A vacancy
shall be filled in the same manner as the original appointments. Such appointments shall complete the original
members term.
B. Composition
1. The Council
shall be composed of a minimum of nine voting members in addition to the
non-voting ex-officio members. The
Governor may appoint additional members.
2. Insofar
as practicable, the Council shall include people with brain injuries, family
members of people with brain injuries; representatives of industry, labor,
business, and agriculture; representatives of federal, state, and local
government; and representatives of religious, charitable, fraternal, civic,
educational, medical, legal, veteran, welfare, and other professional groups
and organizations.
3. Members
shall be appointed with consideration given to statewide geographic
representation.
4. The
Council shall be gender balanced.
5. The
following people or their designees shall serve as ex-officio, non-voting
members of the Council:
a. The
Director of Public Health.
b. The
Director of Human Services and any Division Administrators of the Department of
Human Services so assigned by the Director.
c. The
Director of the Department of Education.
d. The Chief
of the Special Education Bureau of the Department of Education.
e. The
Administrator of the Division of Vocational Rehabilitation Services of the
Department of Education.
f. The
Director of the Department for the Blind.
g. The
Commissioner of Insurance.
C. Terms
Council appointments shall be in accordance with
Chapter 135.22A of the Code of Iowa.
D. Attendance
1. Council
members shall report to the Chairperson or Administrative staff of their planned
attendance or reason for non-attendance at a regular or special Council
meeting.
2. The
Chairperson of the Council, along with the Administrative Staff, shall retain
records of attendance and bring the issue of unexcused absences of a given Council
member to the Executive Task force for consideration as appropriate.
IV. MEETINGS
A. Frequency
1. The
Advisory Council on Brain Injuries shall meet at least quarterly.
2. The first
meeting of the fiscal year shall be the annual meeting.
3. At the last
meeting of the fiscal year the regular meetings for the following fiscal year
shall be scheduled.
4. Special
meetings may be held if necessary at the call of the Chair of the Council.
B. Procedures
1. Any
Council member who is unable to attend a meeting will notify the Council
office; there may not be a meeting if a majority is not present.
2. Persons
wishing to make a presentation to the Council shall submit their request to the
Council office not less than 14 days prior to the meeting. Presentations may be made at the discretion
of the Chair or only upon matters appearing on the agenda.
3. Persons wishing to submit written material
should do so at least 14 days in advance of a scheduled meeting to ensure that
Council members will have adequate time to receive and evaluate material.
4. Special
meetings may be called by the chair only upon finding good cause and shall be
held in strict accordance with the Code of Iowa chapter 21. Special meetings may also be called by a majority
of the members of the Council. A special
meeting does not include task forces; it is an emergency meeting of the Council
for business that cannot wait until the next regular Council meeting.
5. Cameras
and recording devices may be used at open meeting, provided they do not
obstruct the meeting. If a person fails
to comply with the request to discontinue obstructing the meeting, the
presiding officer shall order that person excluded from the meeting.
6. The
presiding officer may exclude any person from the meeting for repeated behavior
that disrupts the meeting.
7. The
Council may conduct meetings by electronic means only in circumstances where
such a meeting in person would be impossible, or impractical, pursuant to the
Code of Iowa section 21.8
8. Instances
not covered by these by-laws shall be governed by Robert’s Rules of Order
(newly revised).
C. Voting
1. All
appointed members may vote on a motion before the Council.
2. When a quorum
is present, a position is carried by an affirmative vote of a majority of the
entire membership of the Council.
3. For a
formal motion, the Advisory Council shall maintain information sufficient to
indicate the vote of each member present.
4. Any vote
by mail shall have the tabulated results presented at the next regular meeting
of the Council and the ballots retained for a period of six months for
confirmation of the results.
D. Quorum
1. A
majority of the appointed membership shall constitute a quorum.
E. Meeting
Notice
1. Notice to
members must be at least five working days prior to the meeting date. A four week notice is encouraged to
accommodate schedules of the membership.
2. Public
notice for Council meetings must be done not less than 24 hours prior to the
meeting
V. OFFICERS/ELECTIONS
A.
Officers
1.
Shall
be defined as the elected positions of Council Chair, Council Vice Chair,
Council Secretary, Service Task Force Chair, Service Task Force Vice Chair, Prevention
Task Force Chair, and Prevention Task Force Vice Chair.
2.
All
Officers must be voting members of the
Council.
3.
Officers
shall be elected from a slate of voting Council members brought forward by the
Nominating Task Force.
B. Duties
1.
Council
Chair: The Chair shall be responsible
for conducting Council meetings.
2.
Council
Vice Chair: The Vice-Chair shall perform
the Chairs functions in the Chair’s absence.
3.
Council
Secretary: (Usually the most recent Past
Chair) The Secretary’s role is defined
by the executive task Force.
4.
Standing
Task Force Chairs and vice chairs (duties described in Section VI. B.).
C. Election/Terms/Progression
1.
The
membership shall elect from a slate of officers prepared by the Nominating Task
Force a Chair, Vice-Chair, and as appropriate, a Secretary (The secretary is
usually the most recent Past Chair, in cases where that is not possible, the
position is filled through membership election), and standing Task force chairs
and vice chairs.
a.
Elections
take place at the second meeting after the annual appointments to the
Council by the Governor or at the second meeting
after July 1.
b.
The
current Executive Task Force will determine the appropriate method of
voting.
2. The Chair,
Vice-Chair, and Secretary shall not serve more than three consecutive one-year
terms.
3. A vacancy
in the office of Chair will be filled by succession of the Vice-Chair. A vacancy in the office of Vice-Chair or Secretary
shall be filled by election of candidates proposed by the Nominating Task Force
at the next regular meeting after the vacancy occurs.
VI. TASK FORCES
A. Executive
Task Force
1. The Executive
Task Force shall be comprised of the Chairperson, Vice Chair, Secretary (most
recent) past Chair if a current member of the Council, and the standing Task
Force chairs.
2. The
Executive Task Force may exercise the power of the Council between regular
Council meetings, but may not override a decision of the Council, and may not
make financial recommendations to the Department without the approval of the
Council.
3. Minutes
will be kept of all Executive Task Force meetings and distributed to all Council
members in a timely fashion.
B. Standing
Task Forces
1. Service
Task Force: The Service Task Force shall
exist to study, plan, and make recommendations to the full Council on services
for people with brain injuries as defined in the Code of Iowa 225C.23.
2. Prevention
Task Force: The Prevention Task Force
shall exist to study, plan, and make recommendations to the full Council about
Prevention of brain injuries as defined in the Code of Iowa 225C.23.
3. Standing
Task Force Election and Appointments
a. Chairs of
Standing Task Forces shall be elected from a slate brought forward by the
Nominating Task Force.
b. Vice
Chairs of the Standing Task Forces shall be elected from a slate brought
forward by the Nominating Task Force.
c. All
members of the Council shall be appointed to the Standing Task Forces by the
Council Chair as equally as possible for equitable distribution of resources.
d. Task Force appointments of members,
Ex-officio members, and non-members shall be approved by the Council.
e. Ex-officio members of the Council, their
representatives, and non-members of the Council may serve as voting members of
Task Forces.
C. Ad-Hoc
Task Forces
1. Nominating
Task Force: The Executive Task Force annually
shall appoint 3 at large voting members of the Council to determine nominees
for officers, task force chairs, and the executive task Force of the Council.
2. Other
Ad-Hoc Task Forces: Ad-Hoc task forces
may be formed as necessary by the Chair to carry out the mission of the
Council.
D. Operation
of Task Forces
1. Task
Forces may act based on a simple majority of those present. Task Force recommendations shall be approved
by the Council prior to implementation.
2.
A Task
Force must obtain Council approval prior to creating any temporary task forces
to assist them in their work. When
temporary task forces are formed, any special circumstances which will govern
their work will be defined, and the membership of the task force will be
informed of its responsibilities.
VII. CONFLICT OF INTEREST
Council members shall not engage in activities that
present a conflict of interest. In
addition Council members should be aware that the appearance of a conflict of interest
can hamper the ability of the Council to fulfill its mission. Because of this Council members should
endeavor to avoid the appearance of a conflict of interest.
A. Members
are prohibited from applying for any project when they are involved in recommending
the project or designing or developing the request for proposal.
B. Members
who serve or whose family members serve as officers, directors, partners,
consultants, or employees of the applicant being evaluated shall be excluded
from voting, and advising, or voting on the evaluation of that application and
all other applicants submitting proposals in that category.
C. Members
must comply with the Iowa Gift Law.
VIII. REVISIONS TO BY-LAWS
Any Council initiated revisions to these by-laws shall
be done only after due notification of the membership and through consensus of
the majority of the voting members.
A. Members
will be notified in writing at least two weeks prior to any meeting where any
proposed revisions to these by-laws will be on the agenda. Such notification shall include current
by-law language, the proposed new by-law language, and a statement of rationale
for the proposed changes.
B. By-law
changes, after notification, shall be made through an affirmative vote by the majority
of the entire eligible voting membership.
C. By-law changes will be in effect at the
meeting immediately following the vote.
D. When in conflict the By-laws are superseded by
the Code of Iowa or Iowa Administrative Code.
Appendix
xxxAttachment E:
Missouri Statute for Head Injury Advisory Council
Missouri Head Injury Advisory
Council
(Source: http://www.oa.state.mo.us/gs/hi/stat.htm)
Purpose
To address the issues
surrounding head injury prevention, rehabilitation and life long services
Missouri Governor John Ashcroft created under Executive Order the Missouri Head
Injury Advisory Council March 5, 1985. The council was established by law in
1986. The council was assigned administratively to the Missouri Office of
Administration, Division of General Services. Emergency funding was
appropriated for staff, which was hired June 1985.
Missouri Law:
192.745.
1. The "Missouri Head Injury Advisory
Council" is hereby established as created by executive order of the
governor on March 5, 1985. The council shall consist of twenty-five members.
The members of the council that are serving on August 13, 1986, shall continue
serving on the following basis: The two members of the council who are members
of the house of representatives and appointed by the speaker of the house of
representatives shall serve for the remainder of their terms; the two members
of the council who are members of the senate appointed by the president pro
tempore of the senate shall serve for the remainder of their terms; and the
remaining twenty-one members shall determine by lot which seven are to have a
one-year term, which seven are to have a two-year term, and which seven are to
have a three-year term. Thereafter, the successors to each of these twenty-one
members shall serve a three-year term and until his successor is appointed by
the governor with the advice and consent of the senate. In addition, two
members who are members of the house of representatives shall be appointed by
the speaker of the house and two members who are members of the senate shall be
appointed by the president pro tempore of the senate. The members appointed by
the governor shall represent people with head injuries, relatives of persons
with head injuries, proprietary schools as defined in section 173.600, RSMO,
professional groups, health institutions, or private industry and state
agencies which administer programs regarding mental health, education, public
health, public safety, insurance, and Medicaid. The appointment of individuals
representing state agencies shall be conditioned on their continued employment
with their respective agencies.
2. The Missouri head injury advisory council is
assigned to the division of general services in the office of administration.
The office of administration shall submit estimates of requirements for
appropriations on behalf of the council for the necessary staff and expenses to
carry out the duties and responsibilities assigned by the council. Such staff
shall consist of a director and other support staff.
3. Meetings shall be held at least every ninety days
or at the call of the council chairman, who shall be elected by the council.
4. Each member shall be reimbursed for reasonable and
necessary expenses actually incurred in the performance of his official duties.
5. The council shall adopt written procedures to
govern its activities. Staff and consultants shall be provided for the council
from appropriations requested by the commissioner of the office of
administration for such purpose.
6. The council shall make recommendations to the
governor for developing and administering a state plan to provide services for
head injured persons.
7. No member of the council may participate in or seek
to influence a decision or vote of the council if the member would be directly
involved with the matter or if he would derive income from it. A violation of
the prohibition contained herein shall be grounds for a person to be removed as
a member of the council by the governor.
8. The council shall be advisory and shall:
(1) Promote meetings and
programs for the discussion of reducing the debilitating effects of head
injuries and disseminate information in cooperation with any other department,
agency or entity on the prevention, evaluation, care, treatment and
rehabilitation of persons affected by head injuries;
(2) Study and review current prevention, evaluation,
care, treatment and rehabilitation technologies and recommend appropriate
preparation, training, retraining and distribution of manpower and resources in
the provision of services to head injured persons through private and public
residential facilities, day programs and other specialized services;
(3) Recommend what specific methods, means and
procedures should be adopted to improve and upgrade the state's service
delivery system for head injured citizens of this state;
(4) Participate in developing and disseminating
criteria and standards which may be required for future funding or licensing of
facilities, day programs and other specialized services for head injured
persons in this state;
(5) Report annually to the commissioner of
administration, the governor, and the general assembly on its activities, and
on the results of its studies and the recommendations of the council.
9. The office of administration may accept on behalf
of the council federal funds, gifts and donations from individuals, private
organizations and foundations, and any other funds that may become available.
Appendix xxx
Clean up the following page, please.
Advisory Council on
Brain Injuries
Membership list 01/01/02
ADVISORY COUNCIL
OFFICE AND STAFF
The Advisory Council’s office and records are
staffed and maintained by the Iowa Department of Public Health. The office is located on the fourth floor of
the Lucas State Office Building.
The Department of Public Health provides a full
time Coordinator who maintains the Council office, and organizes activities
between meetings. The staff person is
available during normal office hours.
Council staff is available for supporting Council
activities by gathering information, attending meetings, and reporting to the
Council on important brain injury related activities.
The administration of the Council is located in the
Division of Health Promotion, Prevention, and Addictive Behaviors, Bureau of
Health Promotion and Disability, and can be contacted at (515) 242-5934.
If you have any questions feel free to call during
office hours which are 8:00 a.m. until 4:30 p.m.
By-Laws
Of The Iowa Advisory Council on Brain Injuries
·
It
is the expressed intent of these by-laws to facilitate an Advisory Council on
Brain Injuries led by survivors and family members jointly with other people
and agencies having an interest in brain injury. Every opportunity will be used to foster and
create such a Council in which individuals with brain injuries and family
members have leadership roles.
·
·
When
in conflict these by-laws are superseded by the Code of Iowa or the Iowa Administrative
Code. The most current Code of Iowa or
Administrative Code takes precedence over any by-law entry.
·
The
mission of this Council shall consist of the following activities:
·
Study
the needs of individuals with brain injury and their families.
·
Make
recommendations regarding the planning, development, and administration of a
comprehensive statewide service delivery system.
·
Promote
and implement injury prevention strategies.
·
I. NAME
The
name of this group shall be
The
Advisory Council on Brain Injuries
II. FUNCTIONS
The
functions of the Advisory Council on Brain Injuries are defined in the Code of
Iowa 135.22A. 6.
III. MEMBERSHIP
Membership
of this Council shall consist of appointed and ex-officio members.
A. Appointment
1. Appointment
of members of the Council shall be by the Governor.
2. A vacancy
shall be filled in the same manner as the original appointments. Such appointments shall complete the original
members term.
B. Composition
1. The
Council shall be composed of a minimum of nine voting members in addition to
the non-voting ex-officio members. The
Governor may appoint additional members.
2. Insofar
as practicable, the Council shall include people with brain injuries, family
members of people with brain injuries; representatives of industry, labor,
business, and agriculture; representatives of federal, state, and local
government; and representatives of religious, charitable, fraternal, civic,
educational, medical, legal, veteran, welfare, and other professional groups
and organizations.
3. Members
shall be appointed with consideration given to statewide geographic
representation.
4. The
Council shall be gender balanced.
5. The
following people or their designees shall serve as ex-officio, non-voting
members of the Council:
a. The
Director of Public Health.
b. The
Director of Human Services and any Division Administrators of the Department of
Human Services so assigned by the Director.
c. The
Director of the Department of Education.
d. The Chief
of the Special Education Bureau of the Department of Education.
e. The
Administrator of the Division of Vocational Rehabilitation Services of the
Department of Education.
f. The
Director of the Department for the Blind.
g. The
Commissioner of Insurance.
C. Terms
Council appointments shall be in accordance with
Chapter 135.22A of the Code of Iowa.
D. Attendance
1. Council
members shall report to the Chairperson or Administrative staff of their
planned attendance or reason for non-attendance at a regular or special Council
meeting.
2. The
Chairperson of the Council, along with the Administrative Staff, shall retain
records of attendance and bring the issue of unexcused absences of a given
Council member to the Executive Task force for consideration as appropriate.
IV. MEETINGS
A. Frequency
1. The
Advisory Council on Brain Injuries shall meet at least quarterly.
2. The first
meeting of the fiscal year shall be the annual meeting.
3. At the
last meeting of the fiscal year the regular meetings for the following fiscal
year shall be scheduled.
4. Special
meetings may be held if necessary at the call of the Chair of the Council.
B. Procedures
1. Any
Council member who is unable to attend a meeting will notify the Council
office; there may not be a meeting if a majority is not present.
2. Persons
wishing to make a presentation to the Council shall submit their request to the
Council office not less than 14 days prior to the meeting. Presentations may be made at the discretion
of the Chair or only upon matters appearing on the agenda.
3. Persons
wishing to submit written material should do so at least 14 days in advance of
a scheduled meeting to ensure that Council members will have adequate time to
receive and evaluate material.
4. Special
meetings may be called by the chair only upon finding good cause and shall be
held in strict accordance with the Code of Iowa chapter 21. Special meetings may also be called by a
majority of the members of the Council.
A special meeting does not include task forces; it is an emergency meeting
of the Council for business that cannot wait until the next regular Council
meeting.
5. Cameras
and recording devices may be used at open meeting, provided they do not
obstruct the meeting. If a person fails
to comply with the request to discontinue obstructing the meeting, the
presiding officer shall order that person excluded from the meeting.
6. The
presiding officer may exclude any person from the meeting for repeated behavior
that disrupts the meeting.
7. The
Council may conduct meetings by electronic means only in circumstances where
such a meeting in person would be impossible, or impractical, pursuant to the
Code of Iowa section 21.8
8. Instances
not covered by these by-laws shall be governed by Robert’s Rules of Order
(newly revised).
C. Voting
1. All
appointed members may vote on a motion before the Council.
2. When a
quorum is present, a position is carried by an affirmative vote of a majority
of the entire membership of the Council.
3. For a
formal motion, the Advisory Council shall maintain information sufficient to
indicate the vote of each member present.
4. Any vote
by mail shall have the tabulated results presented at the next regular meeting
of the Council and the ballots retained for a period of six months for
confirmation of the results.
D. Quorum
1. A
majority of the appointed membership shall constitute a quorum.
E. Meeting
Notice
1. Notice to
members must be at least five working days prior to the meeting date. A four week notice is encouraged to
accommodate schedules of the membership.
2. Public
notice for Council meetings must be done not less than 24 hours prior to the
meeting
V. OFFICERS/ELECTIONS
A.Officers
1.Shall
be defined as the elected positions of Council Chair, Council Vice Chair, Council
Secretary, Service Task Force Chair, Service Task Force Vice Chair, Prevention
Task Force Chair, and Prevention Task Force Vice Chair.
2.1.All
Officers must be voting members of the
Council.
3.1.Officers
shall be elected from a slate of voting Council members brought forward by the
Nominating Task Force.
3.
B. Duties
1.Council Chair:
The Chair shall be responsible for conducting Council meetings.
2.1.Council Vice Chair:
The Vice-Chair shall perform the Chairs functions in the Chair’s
absence.
3.1.Council Secretary:
(Usually the most recent Past Chair)
The Secretary’s role is defined by the executive task Force.
4.Standing Task Force Chairs and vice chairs (duties
described in Section VI. B.).
4.
C. Election/Terms/Progression
1.2.The membership shall elect from a slate of officers
prepared by the Nominating Task Force a Chair, Vice-Chair, and as appropriate,
a Secretary (The secretary is usually the most recent Past Chair, in cases
where that is not possible, the position is filled through membership
election), and standing Task force chairs and vice chairs.
a.b.Elections take place at the second meeting after
the annual appointments to the
a.Council by the Governor or at the second meeting
after July 1.
b.The current Executive Task Force will determine the
appropriate method of
b.voting.
2. The
Chair, Vice-Chair, and Secretary shall not serve more than three consecutive
one-year terms.
3. A vacancy
in the office of Chair will be filled by succession of the Vice-Chair. A vacancy in the office of Vice-Chair or
Secretary shall be filled by election of candidates proposed by the Nominating
Task Force at the next regular meeting after the vacancy occurs.
VI. TASK
FORCES
A. Executive
Task Force
1. The
Executive Task Force shall be comprised of the Chairperson, Vice Chair,
Secretary (most recent) past Chair if a current member of the Council, and the
standing Task Force chairs.
2. The
Executive Task Force may exercise the power of the Council between regular
Council meetings, but may not override a decision of the Council, and may not
make financial recommendations to the Department without the approval of the
Council.
3. Minutes
will be kept of all Executive Task Force meetings and distributed to all
Council members in a timely fashion.
B. Standing
Task Forces
1. Service
Task Force: The Service Task Force shall
exist to study, plan, and make recommendations to the full Council on services
for people with brain injuries as defined in the Code of Iowa 225C.23.
2. Prevention
Task Force: The Prevention Task Force
shall exist to study, plan, and make recommendations to the full Council about
Prevention of brain injuries as defined in the Code of Iowa 225C.23.
3. Standing
Task Force Election and Appointments
a. Chairs of
Standing Task Forces shall be elected from a slate brought forward by the
Nominating Task Force.
b. Vice
Chairs of the Standing Task Forces shall be elected from a slate brought
forward by the Nominating Task Force.
c. All
members of the Council shall be appointed to the Standing Task Forces by the
Council Chair as equally as possible for equitable distribution of resources.
d. Task
Force appointments of members, Ex-officio members, and non-members shall be
approved by the Council.
e. Ex-officio
members of the Council, their representatives, and non-members of the Council
may serve as voting members of Task Forces.
C. Ad-Hoc
Task Forces
1. Nominating
Task Force: The Executive Task Force
annually shall appoint 3 at large voting members of the Council to determine
nominees for officers, task force chairs, and the executive task Force of the
Council.
2. Other
Ad-Hoc Task Forces: Ad-Hoc task forces
may be formed as necessary by the Chair to carry out the mission of the
Council.
D. Operation
of Task Forces
1. Task
Forces may act based on a simple majority of those present. Task Force recommendations shall be approved
by the Council prior to implementation.
2.A Task Force must obtain Council approval prior to
creating any temporary task forces to assist them in their work. When temporary task forces are formed, any
special circumstances which will govern their work will be defined, and the
membership of the task force will be informed of its responsibilities.
2.
VII. CONFLICT OF INTEREST
Council
members shall not engage in activities that present a conflict of
interest. In addition Council members
should be aware that the appearance of a conflict of interest can hamper the
ability of the Council to fulfill its mission.
Because of this Council members should endeavor to avoid the appearance
of a conflict of interest.
A. Members
are prohibited from applying for any project when they are involved in
recommending the project or designing or developing the request for proposal.
B. Members
who serve or whose family members serve as officers, directors, partners,
consultants, or employees of the applicant being evaluated shall be excluded
from voting, and advising, or voting on the evaluation of that application and
all other applicants submitting proposals in that category.
C. Members
must comply with the Iowa Gift Law.
VIII. REVISIONS TO BY-LAWS
Any
Council initiated revisions to these by-laws shall be done only after due
notification of the membership and through consensus of the majority of the
voting members.
A. Members
will be notified in writing at least two weeks prior to any meeting where any
proposed revisions to these by-laws will be on the agenda. Such notification shall include current
by-law language, the proposed new by-law language, and a statement of rationale
for the proposed changes.
B. By-law
changes, after notification, shall be made through an affirmative vote by the
majority of the entire eligible voting membership.
C. By-law
changes will be in effect at the meeting immediately following the vote.
D. When in
conflict the By-laws are superseded by the Code of Iowa or Iowa Administrative
Code.
The
Advisory Council was created by legislative statue. It is located in Chapter 135 of The Code of Iowa
135.22A Advisory Council on Brain Injuries.
1. For purposes of this section, unless the context
otherwise requires:
a.
"Brain injury" means
an injury to the brain* as defined in section 135.22.
b.
"Council"
means the advisory council on brain injuries.
2. The advisory council on brain injuries is
established. The following persons or their designees shall serve as ex
officio, nonvoting members of the council:
a. The director of public health.
b. The director of human services and any division
administrators of the department of human services so assigned by the director.
c. The director of the department of education.
d. The chief of the special education bureau of the
department of education.
e. The administrator of the division of vocational
rehabilitation services of the department of education.
f. The director of the department for the blind.
g. The commissioner of insurance.
3. The council shall be composed of a minimum of
nine members appointed by the governor in addition to the ex-officio members,
and the governor may appoint additional members. Insofar as practicable, the
council shall include persons with brain injuries, family members of persons
with brain injuries, representa-tives of industry, labor, business, and
agriculture, representatives of federal, state, and local government, and
representatives of religious, charitable, fraternal, civic, educational, medical,
legal, veteran, welfare, and other professional groups and organizations.
Members shall be appointed represent-ing every geographic and employment area
of the state and shall include members of both sexes.
4. Members of the council appointed by the governor
shall be appointed for terms of two years. Vacancies on the council shall be
filled for the remainder of the term of the original appointment. Members whose
terms expire may be re-appointed.
5. The voting members of the council shall appoint
a chairperson and a vice chairperson and other officers as the council deems
necessary. The officers shall serve until their successors are appointed and
qualified. Members of the council shall receive actual expenses for their
services. Members may also be eligible
to receive compensation as provided in section 7E.6. The council shall adopt
rules pursuant to chapter 17A.
6. The council shall do all of the following:
a. Promote meetings and programs for the discussion
of methods to reduce the debilitating effects of brain injuries, and
disseminate information in cooperation with any other department, agency, or
entity on the prevention, evaluation, care, treatment, and rehabilitation of
persons affected by brain injuries.
b. Study and review current prevention, evaluation,
care, treatment, and rehabilitation technologies and recommend appropriate
preparation, training, retraining, and distribution of personnel and resources
in the provision of services to persons with brain injuries through private and
public residential facilities, day programs, and other specialized services.
c. Participate in developing and disseminating
criteria and standards which may be required for future funding or licensing of
facilities, day programs, and other specialized services for persons with brain
injuries in this state.
d. Make recommendations to the governor for
developing and administering a state plan to provide services for persons with
brain injuries.
e. Meet at least quarterly.
7. The council is assigned to the department for
administrative purposes. The director shall be responsible for budgeting,
program coordination, and related management functions.
8. The council may receive gifts, grants, or
donations made for any of the purposes of its programs and disburse and
administer them in accordance with their terms and under the direction of the
director.
Section
History: Recent form
92 Acts, ch 1237, § 7; 94 Acts, ch 1068, §4; 94
Acts, ch 1109, §2; 97 Acts, ch 203, §13; 99 Acts, ch 141, §4
Internal
References
Referred to in § 225C.23
Administrative code
provides detail for the day to day activity of the Council.
IOWA
ADMINISTRATIVE CODE
ADVISORY
COUNCIL ON HEAD INJURIES
641-55.1 Council established. The advisory council on head injuries, part
of the Iowa department of public health, is established pursuant to 1992 Iowa
Acts, House File 2457, section 7, consisting of a minimum of nine members in
addition to the ex officio members. The council
shall appoint the chairperson, vice chairperson, and secretary of the
council. The officers shall serve until
their successors are appointed.
641-55.2 Meetings. The advisory council on head injuries shall
meet at least quarterly. The first
meeting of the fiscal year is the annual meeting. Upcoming meeting dates are set at regular
council meetings. A majority of the
members shall constitute a quorum.
All meetings will be held in
facilities accessible and functional for people with physical
disabilities. A good faith effort will
be made to have all written meeting materials available in Braille or on audio
tape if requested by people with visual impairments and to provide sign
language interpreters for people who are deaf if requests are received within a
reasonable time prior to the meeting.
Notice of a meeting is published at least 24 hours prior t the meeting
and will contain the specific date, time, and place of the meeting. All meetings shall be held in facilities that
are accessible to people with physical disabilities. Agendas are available to any interested
persons a minimum of five days prior to or at the meeting. If requested, agendas are available in
Braille or on audiocassette. All
meetings are open to the public unless a closed session is allowed, pursuant to
Iowa Code section 21.5, and is voted by two-thirds of the entire membership or
by all present. The operation of council
meetings will be governed by the following rules of procedure:
55.2(1) Any
council member who is unable to attend a meeting will notify the council
office; there may not be a meeting if a majority is not present.
55.2(2) When a
quorum is present, a position is carried by an affirmative vote of a majority
of the entire membership of the council.
55.2(3) Persons
wishing to make a presentation to the council shall submit the request to the
council office not less than 14 days prior to the meeting. Presentations may be made at the discretion
of the chair or only upon matters appearing on the agenda.
55.2(4) Persons
wishing to submit written materials should do so at least 14 days in advance of
the scheduled meeting to ensure that council members have adequate time to
receive and evaluate the material.
55.2(5) Special
meetings may be called by the chair only upon finding good cause and shall be
held in strict accordance with Iowa Code chapter 21. Special meetings may also be called by a
majority of the members. A special meeting
does not include the task forces; it is an emergency meeting of the council for
business that cannot wait until the next regular council meeting.
55.2(6) Cameras
and recording devices may be used at open meetings, provided they do not
obstruct the meeting. If a person fails
to comply with the request, the presiding officer shall order that person
excluded from the meeting.
55.2(7) The
presiding officer may exclude any person from the meeting for repeated behavior
that disrupts the meeting.
55.2(8) Instances
not covered by these rules shall be governed by Robert’s Rules of Order (newly
revised).
55.2(9) The
council may conduct meetings by electronic means only in circumstances where
such a meeting in person would be impossible, or impractical, pursuant to Iowa
Code section 21.8. Any vote by mail
shall have the tabulated results presented at the next regular meeting of the
council and the ballots retained for a period of six months for confirmation of
results.
641-55.3 Task Forces. The chair of the council may establish task
forces as needed. Task forces may be
composed of voting, ex officio, and non-members. The task force meetings must be announced at
the regular meetings.
641-55.4 Minutes. The council office shall keep minutes of all
its meetings showing the date, time, place, members present, and the action
taken at each meeting. The minutes shall
show the results of each vote taken, and the vote of each member present shall
be made public at the open session.
Approved minutes shall be available at the council office for inspection
during office hours.
641-55.5 Duties of the council. Duties of the council are listed in Iowa Code
section 601K.80.
641-55.6 Conflict of interest. A conflict of interest exists when members of
the council participate in a way that directly affects the personal or
financial interests of the council members.
In order to avoid conflict of interest problems, council members who
have a personal or financial interest in an action must abstain from
participating in the entire process which would include both discussion and
voting. The council members who have or
think they may have a conflict of interest should declare that there is or may
be a conflict of interest and request a determination from the council. Where a conflict of interest is determined to
exist, council members should abstain from voting and should be recorded as
abstaining when votes are taken.
These
rules are intended to implement 1992 Iowa Acts, House File 2457, section 7.
Reimbursement
Rates for Council Members
Advisory
Council members are eligible for reimbursement of travel related expenses as shown
below:
Breakfast: Up to $8.00 if departing prior to 7:00 a.m. **
Lunch: Up
to $9.00 **
Supper: Up
to 18.00 if returning after 6:00 p.m. **
Mileage: At
the rate of $.29 per mile.
Hotel: Up
to $68.00 + tax per night
**Note: To avoid delays in travel claim processing,
please record on the claim voucher your time of departure and time of return
home in the appropriate columns.
