BRAIN AND SPINAL CORD INJURIES

RSA tit. X, ch. 137-K

in effect

RSA 137-K:1 Purpose.

137-K:1. Purpose. The purpose of this chapter is to support the needs of individuals who have sustained brain and spinal cord injuries. Source. 1997, 262:2, eff. June 19, 1997. 2022, 100:1, eff. July 19, 2022.

RSA 137-K:1-a Definitions.

137-K:1-a. Definitions. In this chapter: I. "Brain and spinal cord injury" means any injury to the brain or spinal cord which causes death or requires medical care and treatment or results in long-term disability. II. "Commissioner" means the commissioner of the department of health and human services. III. "Department" means the department of health and human services. IV. [Repealed.] V. "Risk assessment" means the measurement and evaluation of the threat resulting from these injuries. VI. "Facility" means a governmental or private agency, department, institution, clinic, laboratory, hospital, health maintenance organization, association, physician, or other similar unit diagnosing or providing treatment for brain and spinal cord injuries. Source. 1999, 349:2, eff. Jan. 21, 2000. 2022, 100:6(I), eff. July 19, 2022.

RSA 137-K:2 Advisory Council.

137-K:2. Advisory Council. I. There is established the New Hampshire brain and spinal cord injury advisory council in the department. II. (a) The advisory council shall consist of the following voting members: (1) One member of the Spinal Cord Injury Association, appointed by such association. (2) One member of the Brain Injury Association of New Hampshire, appointed by such association. (3) One member of the professional community, appointed by the governor. (4) One brain and spinal cord injury survivor, appointed by the governor. (5) One family member or caregiver, appointed by the governor. (6) One member of the house of representatives, appointed by the speaker of the house of representatives. (7) One member of the senate, appointed by the senate president. (8) One vocational rehabilitation instructor, appointed by the commissioner of the department of education. (b) The following persons or their designees shall serve as ex-officio, non-voting members of the council: (1) The commissioner of the department of health and human services. (2) The administrator of the division of vocational rehabilitation services of the department of education. (3) The president or executive director of the Brain Injury Association of New Hampshire. (4) The administrator of brain injury services, division of developmental services, department of health and human services. (5) The president or executive director of Granite State Independent Living. (6) Representatives of other related agencies or organizations as approved by the council. III. Advisory council appointments shall be for 3 years. Terms shall be staggered so that 1/3 of the positions are elected each year. Upon the completion of 2 consecutive 3-year terms, a council member shall be ineligible to serve on the council for one year. A vacancy shall be filled in the same manner as the original appointment. Such appointment shall complete the original member's term. IV. The advisory council shall have the authority to draft and adopt by-laws addressing concerns such as attendance, presentations, and notice of council meetings. V. The advisory council shall meet at least quarterly. At the last meeting of the state fiscal year, the regular meetings of the following state fiscal year shall be scheduled. Special meetings may be held if necessary at the call of the advisory council chair. VI. The advisory council shall: (a) Identify unmet needs which should be considered for support. (b) Investigate the needs of citizens with brain and spinal cord injuries, identifying the gaps in services to these citizens, and issue an annual report to the governor, the speaker of the house, the senate president, and the commissioner of health and human services by October 1 of each year. (c) Hold at least 2 public hearings annually, in different regions of the state, to generate input from the public on unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries, for inclusion in the advisory council's annual report. (d) Consider the feasibility of establishing a brain and spinal cord injury trust fund. (e) Review the status of the brain injury program, established under RSA 137-K:9, and recommend to the commissioner priorities for new programs and services to address the unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries. Source. 1997, 262:2. 1999, 349:3. 2002, 245:1. 2006, 184:1, eff. May 25, 2006. 2022, 100:2, eff. July 19, 2022.

RSA 137-K:3 Rulemaking.

137-K:3. Rulemaking. The commissioner shall, after consultation with the advisory council established in RSA 137-K:2, adopt rules under RSA 541-A relative to: I. Direct assistance, service coordination, family support activities for individuals with serious brain or spinal cord injuries and their families. II. Eligibility criteria for direct assistance and family support services. III. [Repealed.] IV. Eligibility criteria and service requirements for care and rehabilitation services for individuals with serious brain and spinal cord injuries provided by the department through existing programs. V. Conducting prevention and screening services and delivering education programs. VI. Content and design of all forms and reports required by this chapter. VII. Procedures for disclosure of information gathered by the brain and spinal cord registry, by monitoring and evaluating health data, and from completed risk assessments. VIII. Eligibility criteria and objectives for the brain injury program, established under RSA 137-K:9. IX. The protection of the rights, dignity, autonomy, and integrity of persons who have sustained brain and spinal cord injuries, including specific procedures to protect such rights. Source. 1997, 262:2. 1999, 349:4, 5. 2002, 245:2. 2012, 171:7, eff. Aug. 10, 2012. 2022, 100:3, 6, II, eff. July 19, 2022.

RSA 137-K:4 Duties.

137-K:4. Duties. The commissioner shall monitor the morbidity and mortality of brain and spinal cord injuries. Source. 1999, 349:6, eff. Jan. 21, 2000. 2022, 100:4, eff. July 19, 2022.

RSA 137-K:9 Brain Injury Program Established.

137-K:9. Brain Injury Program Established. There shall be established by the department a brain injury support program in partnership with family and survivor-directed statewide brain injury organizations dedicated to brain injury in children and adults, who often do not qualify for Medicaid services. Core brain injury supports shall include, but not be limited to, neuro-resource facilitation to connect individuals to care for the life-long chronic phase of brain injury, a linked state-national helpline for information and resource assistance, a statewide brain injury support group network, outreach to the newly injured, family caregiver training, an annual state brain injury conference, administrative support for the state advisory council, emergency financial assistance for survivors and families, and assistance for brain injury survivors living with co-occurring neuro-behavioral disorders in accessing community-based services. Source. 2002, 245:3, eff. May 17, 2002. 2022, 100:5, eff. July 19, 2022.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-137-K.htmFetched: 10/20/2026