Traumatic Brain Injury Legislation Update

Here is a recap of the latest legislation dealing with traumatic brain injuries from around the country.

Special thanks to the National Association of State Head Injury Administrators (NASHIA) for compiling this list.

Expands Advisory Council - NH and RI:

Rhode Island Governor Donald L. Carcieri signed H.B. 7546 on July 7 that changes the composition of the permanent advisory commission on traumatic brain injuries and identifies the type of expenditures that can be paid by the Traumatic Brain Injury Program.

On May 25,  New Hampshire Governor John Lynch signed S.B. 289, expanding council membership and duties. The bill expands the number of members to 15 and provides for no-voting members representing various State agencies and programs.

Brain Injury Services:

Establishes Brain Injury Program - IA:  On May 23, Iowa Governor Tom Vilsack signed May 23 H.B. 2772, creating a brain injury services program in the division of the Iowa Department of Public Health in cooperation with counties and the Department of Human Services.  Staff to the Advisory Council on Brain Injuries shall be the program administrator. The division duties shall include, but are not limited to, serving as the fiscal agent and contract administrator for the program and providing program oversight. The council is to make recommendations to the department concerning the program's operation.  The program will also administer the TBI Home and Community Based Waiver program.

Increased Appropriations TBI - VA
The Virginia General Assembly appropriated 1.16 million in new annual funding for brain injury services. Expansion items include:
1. $285,000 for Direct Case Management Services in Southwest Virginia (unserved/underserved);
2. $150,000 to expand Case Management Services in Unserved/Underserved Regions of the Commonwealth;
3. $725,000 for Brain Injury Services in Unserved/Underserved Regions of the Commonwealth.

Additionally, the General Assembly commissioned a committee to study brain injury in Virginia and to report on the extent of brain injury, the availability of appropriate services, the cost and array of treatments available and how other States have approached brain injury services. Legislators also included language requiring the Department of Rehabilitative Services to consider the recommendations of the Virginia Brain Injury Council in future funding allocations.

Increases Fine for TBI Trust Fund - TN
Tennessee Governor Phil Bredesen signed H.B. 3256 On May 26, which imposes an additional fine of $15.00 to be deposited in the brain injury fund by drivers who leave the scene of an accident resulting in personal injury or death.

Quality Standards for Services and Supports - IA
On May 23, Iowa Governor Tom Vilsack signed H.B. 2780, addressing purposes and quality standards for services and other supports available for persons served by the Department of Human Services for Mental Health, Mental Retardation, Developmental Disabilities and Brain Injury. The legislation establishes basic financial eligibility standards and addresses State and county financial responsibility for the cost of the services and other supports.

Long-Term Care:

Rebalancing Long-Term Care Services - NJ
On June 22, New Jersey Governor John Corzine signed A.B. 2823 which enacts the "Independence, Dignity and Choice in Long- Term Care Act" to reallocate Medicaid long-term care expenditures to create maximum flexibility between funding for institutional care and funding for care provided in the community. Medicaid home and community-based long-term care options that are available in the State, include, the Community Care Program for the Elderly and Disabled, Assisted Living, Adult Family Care, Caregiver Assistance Program, Adult Day Health Services, Traumatic Brain Injury, AIDS Community Care Alternatives Program, Community Resources for People with Disabilities, and Community Resources for People with Disabilities Private Duty Nursing.

The bill is to ensure that, in the case of Medicaid-funded long-term care services, "the money follows the person" to allow maximum flexibility between nursing homes and home and community-based settings when it does not compromise Federal funding or services in the nursing home and, in so doing, significantly expands the choices available to consumers of these services and thereby fulfills the goal of personal independence so highly valued by the growing number of older adults and persons with disabilities in this State.

Medicaid:

Adds Representation to Medicaid Advisory Committee - MD
On May 16, Maryland Governor Robert L. Ehrlich signed H.B. 1330 that adds individuals with brain injuries to the membership of the Maryland Medicaid Advisory Committee. The bill requires the Secretary of Health and Mental Hygiene to seek recommendations from certain individuals and groups when selecting consumer representatives to the Committee.

Registry Reporting:

Changes Registry Reporting - NE and GA

Nebraska Governor Dave Heineman signed L.B. 1178), expanding registry requirements to include rehabilitation centers. L.B .1178 deletes the reporting requirements of race and ethnicity. This report will still require cause of injury, but it must be practicable, whether the injury resulted from an accident involving the use of alcohol. This bill becomes effective July 14, 2006.

Georgia Governor Sonny Perdue signed S.B. 208, which passed in May, that makes minor revisions to the brain and spinal cord injury registry. The bill specifies that "hospitals" are required by law to report people with traumatic brain and spinal cord injuries and addresses HIPAA issues. The bill also revises the definitions of traumatic brain injury and spinal cord injury and increases the reporting timeframe from 48 hours to 45 days following the injury.

Prevention:

Shaken Baby - NY and RI

New York Governor George Pataki signed S.B. 7008 on June 28, 2006, which requires the Department of Health to develop and implement a Shaken Baby Syndrome public educational campaign to inform the general public about brain injuries and other harmful effects that may result from shaking infants and children under five years of age. Referred to as "Cynthia's Law"; the new law creates the crime of reckless assault of a child for persons aged 18 or older when such person recklessly causes serious physical injury to the brain of a child less than five years old by shaking the child or by slamming or throwing the child so as to impact the child's head on a hard surface or object. The legislation also requires the Department of Health to develop Shaken Baby Syndrome Public Educational Campaign to inform the general public about brain injuries and other
harmful effects that may result from shaking infants and children under the age of five.

On July 10, Rhode Island Governor Donald L. Carcieri signed H.B. 6903) that establishes the Shaken Baby Syndrome Prevention Initiative calling for the Department of Health in collaboration with the Department of Children, Youth, and Families, and other State agencies serving families and children, the medical community, law enforcement, human service providers and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from Shaken Baby Syndrome.

Public Awareness:

TBI Awareness - NJ
On June 29, New Jersey Governor John Corzine signed A.J.R. 85), a joint resolution designating the month of March in each year as "Brain Injury Awareness Month."

Recognizing Volunteers - OK
In May, Oklahoma representatives adopted H.R. 1126), recognizing volunteers who work with individuals with traumatic brain injuries.