N.J. Stat. tit. 30, ch. 6F

in effect

N.J. Stat. § 30:6F-1 Findings, declarations relative to traumatic brain injury

1. The Legislature finds and declares that: a. The Brain Injury Association of New Jersey has identified traumatic brain injury as the leading cause of death and disability among children and young adults in this country; b. Since the late 1970's, advances in medical technology have enabled many persons with severe brain injury to survive these injuries; c. Persons with brain injury may need specialized rehabilitation programs and other services geared to the specific needs of these individuals in order to live their lives to the maximum potential; d. Most forms of insurance, both public and private, that are available to people with brain injury do not cover the rehabilitative and long-term care needs of these individuals; e. People with brain injury and their families too often must choose between financial hardship and discontinuing critical treatment and services due to the substantial long term costs not paid for by their insurance coverage; and f. Providing treatment methods and services to people with brain injury must be a priority for the State. L.2001,c.332,s.1.

N.J. Stat. § 30:6F-2 Definitions relative to traumatic brain injury

2. As used in this act: "Council" means the New Jersey Advisory Council on Traumatic Brain Injury established pursuant to section 3 of this act; and "Fund" means the Traumatic Brain Injury Fund established pursuant to section 5 of this act. L.2001,c.332,s.2.

N.J. Stat. § 30:6F-3 New Jersey Advisory Council on Traumatic Brain Injury

3. a. There is established in the Department of Human Services the New Jersey Advisory Council on Traumatic Brain Injury. b. The council shall be composed of 26 members as follows: the Commissioners of Human Services, Education, Health and Senior Services, Community Affairs, Labor and Banking and Insurance, the Attorney General and the State Treasurer, or their designees, who shall serve ex officio and 18 public members, who shall be appointed by the Governor, with the advice and consent of the Senate. Of the public members, eight shall be survivors of traumatic brain injury or the family members of these persons and at least five shall be representatives of the following groups: public or private health-related organizations, disability advisory or planning groups within the State, the Brain Injury Association of New Jersey, injury control programs at the State or local level, and the Center for Health Statistics in the Department of Health and Senior Services for data research purposes. c. Public members shall serve for a term of three years from the date of their appointment and until their successors are appointed and qualified; except that of the members first appointed, six shall serve for a term of one year, six shall serve for a term of two years and six shall serve for a term of three years. Vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointments were made. A member of the council shall be eligible for reappointment. d. The public members who are serving on the New Jersey Advisory Council on Traumatic Brain Injury established by Executive Order No. 84 of 1998, on the effective date of this act may complete the duration of their term as members of the council established pursuant to this act and are eligible for appointment to the council established pursuant to this act. e. The members of the council shall meet quarterly and the Commissioner of Human Services, or his designee, shall serve as chair of the council. f. The members of the council shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses actually incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the council for this purpose. L.2001,c.332,s.3.

N.J. Stat. § 30:6F-4 Duties of council

4. The council shall: a. Advise and make recommendations to the Department of Human Services and other related State agencies on ways to improve and develop services regarding traumatic brain injury, including the coordination of these services between public and private entities; b. Encourage citizen participation through the establishment of public hearings and other types of community outreach and prevention activities; c. Encourage and stimulate research, public awareness, education and prevention activities; d. Oversee any programs created under the federal law, Pub. L.104-166, known as the Traumatic Brain Injury Act, and any successive amendments to that act, and report to the federal government regarding these programs; and e. Advise the Commissioner of Human Services on the administration of the Traumatic Brain Injury Fund established pursuant to section 5 of this act. L.2001,c.332,s.4.

N.J. Stat. § 30:6F-5 "Traumatic Brain Injury Fund"

5. a. There is established in the Department of the Treasury a nonlapsing, revolving fund to be known as the "Traumatic Brain Injury Fund." This fund shall be the repository for monies provided pursuant to subsection b. of section 1 of P.L.1992, c.87 (C.39:3-8.2) and any other funds approved by the Department of Human Services or the council. b. The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the State Treasurer upon vouchers signed by the Commissioner of Human Services or his designee. The monies in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer, in the manner provided by law. Interest received on the monies in the fund shall be credited to the fund. L.2001,c.332,s.5.

N.J. Stat. § 30:6F-6 Distribution of monies

6. a. Monies in the Traumatic Brain Injury Fund shall be distributed by the Department of Human Services for the following purposes: (1) as the payer of last resort, for the costs of post-acute care, services and financial assistance provided in this State to residents of this State who have survived neuro-trauma with a traumatic brain injury; and (2) public information and prevention education coordinated by the Brain Injury Association of New Jersey. b. The department, in consultation with the council, shall establish eligibility criteria for the post-acute care, services and financial assistance provided pursuant to this section. Expenditures for traumatic brain injury care shall be made by the department. (1) Total expenditures on behalf of any one eligible person shall not exceed $100,000, with no more than $15,000 to be expended for any 12-month period; except that a person may apply to the department for a waiver of these expenditure limits. (2) Expenditures shall be made only if comparable resources are not available or are not able to be delivered in a timely manner. (3) To the extent of the assistance it has provided, the fund shall have first claim to any future monies received by the person with traumatic brain injury as the result of a settlement or other payment made in connection with the traumatic brain injury. (4) In the event the department is unable to provide funds to all eligible persons, the department, in consultation with the council, may establish an order of selection. c. The department shall accept applications for disbursements of available money from the fund and maintain records of all disbursements made from the fund and monies received as gifts and donations. The department shall utilize existing State resources and staff of participating State agencies, businesses and nonprofit organizations whenever practicable. L.2001,c.332,s.6.

N.J. Stat. § 30:6F-7 Annual report on status of fund

7. The Department of Human Services shall report annually on the status of the fund to the Governor and to the Senate and General Assembly committees with responsibility for issues affecting health or human services. The report shall include information about the number of beneficiaries of the fund, average expenditures per beneficiary and the average income and expenditures of persons or families who received financial assistance from the fund. The department also may make recommendations for changes in the law and any regulations governing the fund. L.2001,c.332,s.7.

N.J. Stat. § 30:6F-8 Rules, regulations

8. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations necessary to effectuate the purposes of this act. L.2001,c.332,s.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026