As used in this part 3, unless the context otherwise requires:
(1) Board means the Colorado brain injury trust fund board created pursuant to section 26-1-302.
(1.5) (a) Brain injury refers to damage to the brain from an internal or external source, including a traumatic injury, that occurs post-birth and is noncongenital, nondegenerative, and nonhereditary, resulting in partial or total functional impairment in one or more areas, including but not limited to attention, memory, reasoning, problem solving, speed of processing, decision-making, learning, perception, sensory impairment, speech and language, motor and physical functioning, or psychosocial behavior.
(b) Documentation of brain injury must be based on adequate medical history. A brain injury must be of sufficient severity to produce partial or total disability.
(2) Program means the services provided pursuant to this part 3.
(3) (Deleted by amendment, L. 2019.)
(4) Trust fund means the Colorado brain injury trust fund created in section 26-1-309.
Source: L. 2002: Entire section added, p. 1604, � 1, effective January 1, 2003. L. 2003: (3) amended, p. 1998, � 48, effective May 22. L. 2009: IP, (1), and (3) amended, (SB 09-005), ch. 135, p. 587, � 1, effective April 20. L. 2019: Entire section amended, (HB 19-1147), ch. 178, p. 2028, � 1, effective August 2.
Editor's note: This section was enacted as 26-1-202 in House Bill 02-1281 but was renumbered on revision for ease of location.
26-1-302. Colorado brain injury trust fund board - creation - powers and duties - reimbursement for expenses. (1) There is created the Colorado brain injury trust fund board in the state department of human services. The brain injury trust fund board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(2) The board shall be composed of:
(a) The executive director of the state department of human services or the executive director's designee;
(b) The president of a state brain injury association or alliance or the president's designee, who shall be appointed by the executive director of the state department of human services;
(c) The executive director of the department of public health and environment or the executive director's designee;
(c.5) At least two persons who have experienced a brain injury and at least one family member of a person with a brain injury, which members the governor shall appoint with the consent of the senate; and
(d) No more than seven additional persons with an interest and expertise in the area of brain injury whom the governor shall appoint with the consent of the senate. At a minimum, of the additional seven board members, at least two members must have specific personal or professional experience with traumatic brain injury. The additional board members may include but need not be limited to any combination of the following professions or associations experienced with brain injury:
(I) Physicians with experience and strong interest in the provision of care to persons with brain injuries, including but not limited to neurologists, neuropsychiatrists, physiatrists, or other medical doctors who have direct experience working with persons with brain injuries;
(II) Social workers, nurses, neuropsychologists, or clinical psychologists who have experience working with persons with brain injuries;
(III) Rehabilitation specialists, such as speech pathologists, vocational rehabilitation counselors, occupational therapists, or physical therapists, who have experience working with persons with brain injuries;
(IV) Clinical research scientists who have experience evaluating persons with brain injuries;
(V) Civilian or military persons with brain injuries or family members of such persons with brain injuries;
(VI) Persons whose expertise involves work with children with brain injuries; or
(VII) Persons who have experience and specific interest in the needs of and services for persons with brain injuries.
(3) Board members may be reimbursed for all reasonable expenses related to the members' work for the board.
(4) The terms of appointed board members shall be three years.
(5) No member may serve more than two consecutive terms.
(6) The appointed members of the board shall, to the extent possible, represent rural and urban areas of the state.
(7) The board shall annually elect, by majority vote, a chairperson from among the board members who shall act as the presiding officer of the board.
(8) (a) The board shall promulgate reasonable policies and procedures pertaining to the operation of the trust fund.
(b) The board may contract with entities to provide all or part of the services described in this part 3 for persons with brain injuries.
(c) The board may accept and expend gifts, grants, and donations for operation of the program.
(d) The board shall use trust fund money collected pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) to provide direct services to persons with brain injuries, and support research and education to increase awareness and understanding of issues and needs related to brain injury.
(8.5) The board may monitor, and, if necessary, implement criteria to ensure that there are no abuses in expenditures, including but not limited to reasonable and equitable provider's fees and services.
(9) Articles 4, 5, and 6 of title 25.5, C.R.S., shall not apply to the promulgation of any policies or procedures authorized by subsection (8) of this section.
Source: L. 2002: Entire section added, p. 1605, � 1, effective January 1, 2003. L. 2006: (9) amended, p. 2016, � 95, effective July 1. L. 2009: (1), (2), and (8) amended, (SB 09-005), ch. 135, p. 587, � 2, effective April 20. L. 2010: (8)(d) amended, (HB 10-1347), ch. 258, p. 1159, � 7, effective July 1. L. 2019: (1), (2)(b), (2)(c), (2)(d), (4), (8)(b), and (8)(d) amended and (2)(c.5) and (8.5) added, (HB 19-1147), ch. 178, p. 2029, � 2, effective August 2. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3377, � 69, effective August 10. L. 2023: (3) amended, (HB 23-210), ch. 251, p. 1430, � 7, effective May 24.
Editor's note: This section was enacted as 26-1-203 in House Bill 02-1281 but was renumbered on revision for ease of location.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
26-1-303. Administering entity for services for persons with traumatic brain injuries. (Repealed)
Source: L. 2002: Entire section added, p. 1606, � 1, effective January 1, 2003. L. 2019: Entire section repealed, (HB 19-1147), ch. 178, p. 2030, � 3, effective August 2.
Editor's note: This section was enacted as 26-1-204 in House Bill 02-1281 but was renumbered on revision for ease of location.
26-1-304. Services for persons with brain injuries - limitations - covered services. (1) The board shall determine the percentage of money credited to the trust fund to be spent annually on service coordination and skills training for persons with brain injuries; however, no less than fifty-five percent of the money annually credited to the trust fund pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) must be used to provide service coordination and skills training to persons with brain injuries.
(2) An individual is not required to exhaust all private funds in order to be eligible for the program. Individuals who have continuing health insurance benefits, including but not limited to medical assistance pursuant to articles 4, 5, and 6 of title 25.5, may access the trust fund for services that are necessary but that are not covered by a health benefit plan, as defined in section 10-16-102 (32), or any other funding source.
(3) and (4) Repealed.
(5) All individuals receiving assistance from the trust fund shall receive service coordination and skills training. In addition to service coordination and skills training, the board shall determine any additional services covered by the trust fund. The board may prioritize the services covered by the trust fund and eligibility for the services while ensuring fidelity to the program's original intent to serve individuals with traumatic brain injuries. Covered services do not include institutionalization, hospitalization, or medication.
Source: L. 2002: Entire section added, p. 1607, � 1, effective January 1, 2003. L. 2003: (1) amended, p. 1998, � 49, effective May 22. L. 2004: (3) amended, p. 480, � 2, effective August 4. L. 2006: (2) amended, p. 2016, � 96, effective July 1. L. 2009: (1) amended, (SB 09-005), ch. 135, p. 589, � 3, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 258, p. 1160, � 8, effective July 1. L. 2013: (2) amended, (HB 13-1266), ch. 217, p. 993, � 66, effective May 13. L. 2019: (1) and (2) amended, (3) and (4) repealed, and (5) R&RE, (HB 19-1147), ch. 178, p. 2030, � 4, effective August 2.
Editor's note: This section was enacted as 26-1-205 in House Bill 02-1281 but was renumbered on revision for ease of location.