# Title 50 — Public Welfare

## Chapter 50-06.4 — Traumatic Brain Injuries

### § 50-06.4-01. Definitions.

As used in this chapter:
1. "Brain injury" means damage to the brain or the coverings of the brain which produces
an altered mental state and results in a decrease in cognitive, behavioral, emotional,
or physical functioning. The term does not include an insult of a degenerative or
congenital nature.
2. "Department" means the department of health and human services.
### § 50-06.4-02. Department to be lead agency - Cooperation of other agencies - Joint

meeting.
The department shall act as lead agency in the state for the purpose of coordinating
services to individuals with brain injury. At least annually the department shall call a joint
meeting of the adjutant general, the department of veterans' affairs, and the superintendent of
public instruction to discuss the provision of services to individuals with brain injury. State
agencies and political subdivision agencies shall cooperate with the department to permit the
department to efficiently coordinate services to individuals with brain injury while avoiding
duplication of services. Neither this chapter, nor any activity undertaken by the department
under this chapter, may be construed as creating a right to any benefit or service not specifically
required to be granted as a condition of the receipt of grants of federal funds.
### § 50-06.4-03. Department may submit plans - Seek waivers.

The department may submit state plans and amendments to state plans, concerning
programs administered under this title, to carry out this chapter. The department may seek
appropriate waivers of the requirements of federal statutes or regulations as authorized by
federal law.
### § 50-06.4-04. Authority to accept and expend grants, gifts, and services.

The department may apply for and accept any funds, grants, gifts, or services made
available for the purpose of providing or coordinating services to individuals with brain injury by
any federal agency or department or any private agency or individual. Funds received by the
department under this section must be deposited in the state treasury in a special fund
designated as the brain injury fund and may be spent within the limits of legislative
appropriation.
### § 50-06.4-05. Brain injury - Prevention and identification activities.

The department shall provide outreach services and conduct public awareness efforts
regarding the prevention and identification of brain injury.
### § 50-06.4-06. Brain injury - Services and activities - Acceptance of moneys.

The department may accept and expend moneys from any public or private source,
including federal sources, for any purpose involving brain injuries or the provision of services to
individuals with brain injury and their families.
### § 50-06.4-07. Brain injury - Informal supports - Contracts - Exemption.

1. The department shall contract with public or private entities for the provision of
informal supports to individuals with brain injury. As used in this section, "informal
supports" includes information sharing and referral services, peer mentoring, training,
facilitation of support groups, public awareness efforts, and individual and
programmatic advocacy efforts.
2. Any entity contracting with the department under this section must:
a. Demonstrate expertise in serving and enhancing the quality of life for individuals
with brain injury;

b. Agree to work in cooperation with the department, case managers, and veterans'
service officers; and
c. Agree to consult with veterans and other individuals having brain injury, their
families, and their caregivers.
3. The department is exempt from complying with chapter 54-44.4 with respect to
contracting for the provision of informal supports under this section.
### § 50-06.4-08. Social and recreational services.

The department shall provide or contract for the provision of social and recreational
services, including day supports, to individuals with brain injury, if the department determines
that available vocational rehabilitative services do not meet the individuals' needs.
### § 50-06.4-09. Vocational rehabilitation and consultation.

The department shall provide or contract for the provision of increased and specialized
vocational rehabilitation and consultation to individuals with brain injury who receive case
management for personal care services. Services under this section include extended support
for individuals at risk of losing their employment upon exhausting their vocational services.
### § 50-06.4-10. Brain injury advisory council.

Repealed by S.L. 2025, ch. 479, § 39.
