As Introduced

135th General Assembly

Regular Session S. B. No. 272

2023-2024

A BILL

To enact section 3304.151 of the Revised Code to establish the Traumatic Brain Injury Treatment Accelerator Program.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3304.151 of the Revised Code be enacted to read as follows:

Sec. 3304.151. (A) The traumatic brain injury treatment accelerator program is created in the opportunities for Ohioans with disabilities agency. The aim of the program is to advance scientific research about, and to develop treatments for, traumatic brain injuries and to promote this state as a biohub for traumatic brain injury research.

(B) The brain injury research foundation shall administer the program on behalf of the agency and shall conduct the program as a public-private partnership.

(1) As part of its duties, the foundation shall coordinate and award grants to universities to support traumatic brain injury research. To be eligible for an award under the program, each university partner shall demonstrate to the foundation that it will match the foundation's award with an equal amount awarded to it from one or more other sources, which may include institutions, private foundations, or the federal government.

(2) On an annual basis, the foundation shall prepare a report detailing the program's progress and shall submit copies of the report to all of the following individuals: the governor; the directors of the departments of aging, developmental disabilities, education and workforce, health, mental health and addiction services, and public safety; the chancellor of higher education; the medicaid director; the executive director of the opportunities for Ohioans with disabilities agency; the administrator of workers' compensation; and the members of the brain injury advisory committee. The foundation also shall submit copies to the general assembly in accordance with section 101.68 of the Revised Code.

(3) The foundation shall annually commission a certified public accounting firm to conduct an independent audit of the program. The results of the audit shall be provided to the auditor of state.

(4) The foundation shall regularly report to the director of the traumatic brain injury treatment accelerator program oversight review board about the progress of funded projects, including outcomes achieved and any challenges encountered.

(5) The foundation shall provide the traumatic brain injury treatment accelerator program oversight review board access to its grants management software system as described in division (C)(1)(b) of this section.

(C) The chancellor of higher education, in consultation with the agency, shall ensure transparency and accountability in the use of program funds and shall take appropriate measures to address any instances of fraud, waste, or abuse. As part of those duties, the chancellor shall establish the traumatic brain injury treatment accelerator program oversight review board to provide guidance to the foundation and to oversee the program's implementation and its responsible allocation of funds.

(1) The review board shall be charged with the following duties:

(a) Overseeing the foundation's operations;

(b) Tracking the alignment, milestones, and progress of research projects in the foundation's grants management software system;

(c) Ensuring that the foundation's process for awarding grants is fair and transparent and complies with relevant regulations;

(d) Performing an internal audit to ensure that the program uses its resources in an economical, efficient, and effective manner.

(2) The review board shall consist of not less than ten and not more than twenty members, each appointed by the chancellor. In making appointments, the chancellor shall consider an individual's experience and shall ensure that the review board includes all of the following as members:

(a) At least four individuals, each affiliated with a university that enrolls fewer than five thousand students;

(b) At least two individuals, each affiliated with a university that enrolls between five thousand and ten thousand students;

(c) At least two individuals, each affiliated with a university that enrolls between ten thousand and twenty thousand students;

(d) At least two individuals, each affiliated with a university that enrolls more than twenty thousand students.

Of the initial appointments, half of the members shall serve terms of two years and the remaining half shall serve terms of three years. Thereafter, each membership term shall be for two years. Members may be reappointed, and vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term.

Members shall not be compensated for serving on the review board, but shall be reimbursed for ordinary travel expenses, including meals and lodging incurred in the performance of their duties.

The review board shall elect, by a majority vote, a director to preside at all meetings and to coordinate the functions and activities of the board. The director shall serve as the review board's primary contact with the foundation.

A majority of the membership shall constitute a quorum. The review board shall meet at least twice per year, but may meet at other times, as deemed necessary, subject to the call of the director or by request of a majority of its members.

The board shall provide on a periodic basis recommendations to the foundation regarding the program's assessed strengths and weaknesses.

The board may establish any organizational structure it determines necessary to accomplish its functions and duties. The board shall be attached to the department of higher education for administrative purposes.