Brain Injury Lawyer - New York

Brain Injury Association of America: Legislative Update

The Brain Injury Association of America has requested that I post the following summary of this week's legislative activity. 

This week marked a major legislative victory for the brain injury community, as President Bush officially signed into law legislation reauthorizing the TBI Act (S. 793) on Monday, April 28!  Congratulations to all BIAA state affiliates, advocates, and national stakeholders who helped make TBI Act reauthorization a reality.  To view a copy of BIAA’s official press release applauding this major accomplishment, please visit the brain injury association of america web site.

In other exciting news, BIAA proudly endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI.  Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.  A copy of BIAA’s Letter of Endorsement for S. 2921 will be available shortly on the brain injury association web site.

Also this week, a report was released by the Department of Veterans Affairs Inspector General which found that the VA is not providing the necessary standard of support and long-term follow-up assistance needed by veterans with TBI and their families.

In addition, after the House of Representatives passed by a veto-proof margin last week important legislation which would place a moratorium until March 2009 on several harmful Medicaid regulations (H.R. 5613), the fate of the bill was left up to the Senate.  Earlier this week, Senate Majority Leader Harry Reid (D-NV) attempted to bring the bill up on the Unanimous Consent Calendar, but this attempt was blocked by Senator Coburn (R-OK).  Now there is an effort to get the bill included in the FY 2008 Supplemental Appropriations bill.  BIAA continues to strongly endorse H.R. 5613 and supports efforts to include the bill in the FY 2008 Supplemental Appropriations bill.

As a final note, BIAA is waiting to see if Congress will be able to establish a budget this year before sending out its Legislative Action Alert on FY 2009 TBI Appropriations.  There is speculation that Congress may indeed be able to achieve a budget agreement in the upcoming next few weeks, and BIAA’s Appropriations Action Alert will be sent out shortly thereafter.

Brain Injury Federal Legislative Update

The Brain Injury Association of America has requested that I circulate the following legislative update concerning brain injury legislation and other important brain injury related matters occuring on capital hill this week:

Dear Advocates:

After legislation to reauthorize the Traumatic Brain Injury (TBI) Act successfully passed Congress last week, the bill still needs to be considered by the President for his signature into law.  BIAA anticipates this consideration will occur in the very near future.

This week saw major activity occur on H.R. 5613, legislation recently introduced which would place a moratorium until March 2009 on seven Medicaid regulations issued by the Department of Health and Human Services.  On Wednesday, the bill was unanimously approved by the full House Energy and Commerce Committee, setting up a potential veto showdown with the White House.  BIAA has strongly endorsed this legislation and submitted an official letter of endorsement to the bill’s sponsors, Rep. Dingell (D-MI) and Rep. Murphy (R-PA), last week.

Also this week, The Rand Corporation published an important comprehensive study of the mental health and cognitive needs of U.S. servicemembers returning from Afghanistan and Iraq.  This groundbreaking study - which focuses specifically on the post-deployment health-related needs and economic costs associated with post traumatic stress disorder (PTSD), major depression and TBI - estimates that 320,000 servicemembers may have experienced TBI as a result of recent combat operations.

Brain Injury Association of New Jersey Announces Annual Conference

The Brain Injury Association of New Jersey  will be holding its annual conference on May 14 and May 15, 2008 at the Sheraton Hotel and Conference Center in Eatontown, NJ.

The two day event is entitled, Brain Injury--Reconnecting Mind and Body.  The brain injury association states that the objective of this conference is to provide current information on brain injury recovery, specific to rehabilitation, research and therapies.  The full conference program and registration information can be viewed by clicking here.

Senate and House Pass Traumatic Brain Injury Act

In some great news, the Senate today jointed the House of Representatives and passed legislation to reauthorize the Traumatic Brain Injury Act (S. 793).  The vote in the House was 392-1.  The bill now goes to the President for his signature.

The following message was released by the Brain Injury Association of America:

The bill authorizes ongoing CDC, NIH and HRSA TBI programs over the period of FY 2009 through FY 2012. 

The bill also authorizes a new study by the CDC and the NIH in collaboration with the Department of Defense and the Department of Veterans Affairs to identify the incidence of brain injury among our nation’s veterans, especially veterans of Iraq and Afghanistan.  The purpose of this study is to ensure that national research takes veterans into account and that current information about diagnostic tools and treatments are shared between the civilian and military scientific communities.

Much thanks should go to the hard work of the Brain Injury Association of America in getting this vital legislation passed.

Brain Injury Association of New York State Annual Conference: Save The Date

The Brain Injury Association of New York State (BIANYS) has announced that their 26th annual conference will be held on June 5 and June 6, 2008 at the Albany Marriott Hotel, Albany, New York.

Last year's conference hosted over 400 individuals, family members and professional who came together to explore the important issues following traumatic brain injury.  This is the only statewide New York conference of its kind. More information can be obtain on the Brain Injury Association of New York State web site. (BIANYS)

National Brain Injury Caregiver Conference Announced

A national brain injury caregiver conference has been announced by the Brain Injury Association of America to be held on June 6-8, 2008 at the Westin Dallas Forth Worth Airport Hotel in Dallas, Texas.

The conference is intended to focus on the needs of the caregiver of a person with a brain injury.  Lee Woodruff and over 25 experts on all aspects of brain injury and caregiving are scheduled to attend this conference.

Some of the topics include:

• Get the right educational services
• Prepare for life transitions due to aging
• Navigate military and VA benefits systems
• Plan for housing and long-term services
• Stay informed about what's new in brain injury research
• Successfully manage stress and depression
• Take advantage of insurance and government benefits

You can get further information on this conference by clicking on this link:

Brain Injury Caregiver's Conference.

Request for assistance:

Your organization also has the oppurtunity to assist caregivers by providing scholarships to attendees of the conference by contributing to the 2008 National Brain Injury Caregivers' Conference Scholarship Fund.

Your contribution of $700.00 supports registration, lodging and/or transportation assistance for one caregiver, and you will be recognized as a scholarship sponsor at the conference and in pre-and post-meeting promotional activities.  The Brain Injury Association of America welcomes donations of any amount to assist with the 2008 National Brain Injury Caregiver's Conference Scholarship Fund.

For more information please contact Jenny Toth at (703)761-0750 ext 621.

Support For Students Suffering from Traumatic Brain Injury

The Brain Injury Association of New York State (BIANYS) has created a program known as PROJECT LEARN (Living Education And Resource Network) which provides a great resource to students, teachers and family members to assist them in addressing the issues faced following a traumatic brain injury.

Among the goals of Project LEARN ARE TO:

• Create and sustain competency for families and school staff in addressing challenges of children with brain injuries.
• Establish an interactive, user-friendly web based information and resource program (LEARNet).
• Provide access to the expertise of the Brain Injury Association FACTS coordinators as well as an extended support network of professionals, families educators as well as other resources.

Visit the Project LEARN web site for further information.

The New York Brain Injury Association is also sponsoring a one day training symposium "Building Capacity: Supporting Children With Brain Injury and Their Families which is scheduled to be held on Friday, April 25, 2008 from 8:00 AM - 4:00 PM at the NYS United Teachers offices at 800 Troy-Schenectady Road, Latham, New York.  More information on this program which will explore the a variety of issues pertaining to traumatic brain damage in children and the challenges of returning to school can be found on the brain injury association web site.

Brain Injury Association of America: Important Request

I received the following important request today from the Brain Injury Association of America:

Recently, the National Institute on Disability and Rehabilitation Research (NIDRR) appears to be deemphasizing medical rehab research, including valuable research related to TBI.  BIAA is working as part of a coalition of advocacy groups to send NIDRR a message that resources for medical rehabilitation research (referred to by NIDRR as "health and function" research) needs to be increased, not decreased.  We need your help!

In the past six months, NIDRR has eliminated funding for four Rehabilitation Research and Training Centers (RTCs) focused on medical rehabilitation research, including centers focused on neuromuscular research, arthritis, TBI community reintegration, and spinal cord injury. Four additional medical rehab RTCs (stroke, MS, aging with a disability, and psychiatric aspects of disability) have been delayed and NIDRR intends to announce these grants with a greater focus on employment and vocational rehab.

As an advocate for increased TBI services and research, you are encouraged to join NIDRR's national meeting/conference call on NIDRR's long range plan scheduled for Wednesday, March 19th, from 1:00 to 5:00 p.m. and express your views. The toll-free conference call number is (800) 762-6085. An operator will ask if you would like to submit input or just listen to the event. The operator will track the order of the people who want to provide input.

(Note: There are other ways to submit comments as well by the end of March if you cannot make the call.  Please contact Laura Schiebelhut, BIAA's Director of Government Affairs, if you have questions.)

We suggest making some or all of the following points:

1. NIDRR has served as the nation’s lead federal agency on rehabilitation and disability research  - including valuable research on TBI - and as such has maintained a broad portfolio of research as reflected in its current Long-Range Plan. This research portfolio includes three broad domains designed to enhance the quality of life of persons with disabilities in the areas of employment, community living, and health and function, including medical rehabilitation research.

2. This approach is to be commended as it recognizes the critical interplay between medical rehabilitation research, health and functioning, and the ability to return to school or work where appropriate.

3. A shift in focus at NIDRR away from health and function research is unwise and seriously erodes our nation's ability to solve the important questions that confront people with disabilities in seeking to return to functional and fulfilling lives after the onset of a disabling condition.

4. NIDRR should continue and re-emphasize the importance in its funding priorities of health and function research, including medical rehab research.

Brain Injury Legislative Update

Good news from the Brain Injury Association of America regarding the Traumatic Brain Injury Act:

The full House Energy and Commerce Committee passed H.R. 1418, legislation to reauthorize the Traumatic Brain Injury Act. 

Earlier this week, the Energy and Commerce Committee's Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 and forwarded it on for consideration by the full Committee.  Now that the full Committee has passed the bill, the legislation is expected to be brought up on suspension for consideration on the House floor when Congress reconvenes after a two-week recess, which will begin on Monday.

The Brain Injury Association of America (BIAA) wishes to thank Rep. Pascrell, Rep. Platts, as well as Rep. Pallone and Chairman Dingell, for swiftly moving this bill forward.  In addition, BIAA enthusiastically thanks all of its grassroots advocates for both longstanding and recent efforts to support timely reauthorization of the TBI Act! This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

Brain Injury Association of America Legislative Update

Laura Schiebelhut, Brain Injury Association of America, Public Affairs Manager has requested that I circulate the following legislative update

Dear Advocates:

This week was an eventful one on Capitol Hill, including a long-awaited breakthrough on legislation to reauthorize the TBI Act.

On Wednesday, March 5, the House Committee on Energy and Commerce Health Subcommittee announced its plans to markup the Reauthorization of the Traumatic Brain Injury Act (H.R. 1418) the following day, on Thursday, March 6.  Although the markup session was ultimately stalled (see below for more information), this development still marks very positive progress towards the goal of getting the TBI Act reauthorized before the end of this year, a leading BIAA policy priority. 

Also this week, the House of Representatives passed H.R. 1424, mental health parity legislation sponsored by Rep. Patrick Kennedy (D-RI) which would require health insurers to offer mental health benefits equal in cost and scope to medical and surgical benefits.  BIAA issued an enthusiastic letter of endorsement for the bill shortly before it was considered on the House floor. 
Looking ahead to next week, the fiscal 2009 budget resolutions are expected to be the focal point of legislative activity in both the House and Senate, as both chambers will consider their respective budget plans before adjourning for the two-week spring recess which begins on March 17.  Of course, next week will also include multiple TBI advocacy and awareness activities on Wednesday, March 12, as part of Brain Injury Awareness Day on Capitol Hill.

I will be on Capital Hill on March 12th in connection with Brain Injury Awareness Day and hope to see many of my friends and colleagues.

Living With Brain Injury Conference

I look forward to seeing many of you tomorrow at  the “Living with Brain Injury” conference scheduled from 9:00 AM to 3:00 PM at the Rust Auditorium in North Shore University Hospital in Manhasset.  The conference is sponsored by Transitions of Long Island. Net proceeds from the conference will benefit the Brain Injury Association of New York State.

The symposium will encompass such topics as new technologies in the treatment of brain injury, strategies to maintain wellness, legal issues, and advocacy. Alon Mogilner, MD, will be the keynote speaker. He will present on deep brain stimulation for TBI. Other speakers will discuss Medicaid planning issues, the traumatic brain injury Medicaid waiver, vocational issues, guardianship issues and issues special to men and women following brain damage.

You can view the full program by clicking here.

News Alert from Brain Injury Association of America

The Brain Injury Association of America has just received word that the House Energy and Commerce Subcommittee on Health plans to markup the Reauthorization of the Traumatic Brain Injury Act (H.R. 1418) this Thursday, March 6, 2008, at 10 a.m. in Room 2123 of the Rayburn House Office Building.

This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

Brain Injury Awareness Day on Capital Hill: March 12, 2008

The Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Capitol Hill, March 12, 2008.

Multiple events are planned during the day which are designed to educate Members of Congress and their staff about brain injury. These events include an Awareness Day Fair, which will feature exhibits and informational materials from individuals and organizations working in the field of brain injury.

The day will also include a Congressional Briefing focused on the topic of "Traumatic Brain Injury and Community Needs." The end of the day will feature an early-evening Congressional Reception sponsored by various national advocacy organizations, including the National Brain Injury Treatment and Training Foundation (NBIRTT), the Brain Injury Association of America (BIAA), the National Disability Rights Network (NDRN) and the National Association of State Head Injury Administrators (NASHIA).

The Brain Injury Association of America urges all advocates to attend "2008 Brain Injury Awareness Day" events, and help educate Members of Congress and their staff. The Day also represents an important opportunity to network with others interested in helping increase brain injury awareness.

2008 Brain Injury Awareness Day Schedule of Events:

Brain Injury Awareness Fair 10:00 a.m. – 2:00 p.m. First Floor Foyer of the Rayburn House Office Building

Congressional Briefing on “Traumatic Brain Injury and Community Needs” 3:00 p.m. – 4:00 p.m. 1116 Longworth House Office Building

Congressional Reception Celebrating Brain Injury Awareness Day 5:00 p.m. – 6:30 p.m. 2105 Rayburn House Office Building

Please RSVP by Monday, March 3, 2008, to Hope Mandel in Congressman Bill Pascrell's office if you wish to attend and/or exhibit materials during the Awareness Fair. You may also contact Hope at (202) 225-5751 or Becky Wolfkiel in Congressman Platts' office at (202) 225-5836 with questions or for more information. In addition, as always, you may contact Laura Schiebelhut, BIAA's Director of Government Affairs, or 703-761-0750 ext. 637, for further clarification.

Legislative Update From Brain Injury Association of America

The Brain Injury Association of America has requested that I publish the following legislative update on traumatic brain injury issues pending in Congress:

Dear Advocates:

Congress held numerous budget and appropriations hearings this week, as well as several hearings addressing health care provided to wounded service members and veterans.

The House Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-Ed) held a hearing on Thursday on this year’s proposed budget for the Department of Health and Human Services, featuring HHS Secretary Michael Leavitt as a witness.  At the same time, BIAA signed on this week to a coalition letter to the Subcommittee urging its Members to provide $30 million for TBI Act programs this year.

Also this week, both chambers of Congress held important hearings on efforts to improve health care for returning service members, as well as to improve the veterans’ disability benefits system.  BIAA submitted questions and comments in relation to several of the hearings.

A significant victory in Medicaid policy was achieved late this week as well, as a Senate Amendment to prevent implementation of the Administration’s proposed regulation restricting reimbursement for Medicaid Targeted Case Management (TCM) was successfully added to an Indian health bill.  The Amendment would establish a Moratorium on implementation of the TCM interim rule until April 1, 2009.

Congress is in recess next week so further updates will be provided when Congress returns.

In the interim, please write to President Bush and your congressional representatives to restore full Traumatic Brain Injury Act funding in next year's budget.

Senators Clinton and Mikulski Protest Zero Funding for Traumatic Brain Injury Programs

Earlier this week I reported on the failure on the part of president Bush to seek funding for the federal Traumatic Brain Injury Program in his latest budget submitted to Congress. What follows is the correspondence sent by Senators Clinton and Mikulski to president Bush in protest.

February 12, 2008

The Honorable George W. Bush
The White House
Washington, D.C. 20500

Dear Mr. President:

During this time of war, we were deeply troubled to learn of your plan to eliminate the Traumatic Brain Injury (TBI) program administered by the Health Resources and Services Administration. As co-sponsors of legislation to improve the assessment, detection and treatment of TBI, as well as to expand support systems for members and former members of the Armed Services with TBI and their families, we are deeply concerned by the potential elimination of this program for all individuals affected by TBI. The TBI Program serves as a critical component of our efforts to address TBI across the country, and is an essential complement to our services for the significant number of servicemen and women returning from combat with TBI. We urge you to work with us, and other concerned members of Congress, to ensure full funding for the TBI Program in the HHS budget for Fiscal Year 2009.

Current estimates state that at least 5.3 million Americans have a long-term or lifelong need for help to perform activities of daily living as a result of TBI, with 1.4 million Americans sustaining a traumatic brain injury each year. An extremely complex injury, TBI encompasses a broad range of symptoms and disabilities, creating severe strain on the individual and his or her family. Depending on the part of the brain affected and the extent of the damage, individuals with brain injuries vary greatly in their level of need, requiring access to a broad array of services.

Recognizing the large number of individuals and families struggling to access appropriate and community-based services for TBI, Congress authorized the Federal TBI Program in the TBI Act of 1996. The program assists states in operating coordinated services for individuals with TBI and their families, encouraging the replication of best practices, and improving state service delivery systems. Two-year planning grants allow states to build infrastructure, three-year implementation grants permit states to improve access to services, and additional implementation partnership grants allow increased flexibility to meet state needs to address TBI. Currently, 47 states receive TBI grants.

In addition to the acute medical needs of individuals suffering from TBI, families also have to address the social and emotional issues that come with diminished mental capacity. The nature of the disease has also changed over time; the needs of returning soldiers suffering from TBI present new strains on state service delivery systems. Now more than ever, we must provide states with the funding and support to provide effective, person-centered services to support individuals and their families. To cut funding now will jeopardize the ability of our health care system to address the needs of all Americans impacted by TBI. We urge you to reconsider this shortsighted decision, and join us in our efforts to restore full funding to the TBI program.

Sincerely,

Hillary Rodham Clinton

Barbara Mikulski

I urge all my readers to lend their voice to the calls to restore funding to the TBI programs.  Please write and call the White House and your congressional representatives as soon as possible.

Brain Injury Association of America Condemns President's Budget Requests

The Brain Injury Association of America has requested that I circulate the following press release concerning the proposed elimination of the Federal Traumatic Brain Injury (TBI) Program in President Bush's budget submission to Congress:

Brain Injury Association of America Condemns President’s Fiscal 2009 Budget

(Washington, D.C.) – For the third year in a row, The White House has proposed the complete elimination of the Health Resources and Services Administration (HRSA) Federal TBI Program, which provides grants to state agencies and protection and advocacy organizations to improve access to health and other services for individuals with traumatic brain injury (TBI) and their families. 

Increasingly, national policymakers and the American public are coming to understand the dramatic implications of TBI on active duty service members, veterans and civilians alike.  In his State of the Union speech last week, President Bush pledged his dedication to meeting the health care needs “of a new war and a new generation.”

“As more service members and veterans join the 1.4 million civilian children and adults who sustain TBIs in the U.S. each year, the lack of priority given to TBI in the President’s budget is deeply disappointing,” said Susan Connors, president and CEO of the Brain Injury Association of America (BIAA), adding, “President Bush just doesn’t get it.”

“My family’s experience demonstrates the interdependence of military and civilian systems of care,” said Dave Woodruff, a member of the BIAA Board of Directors whose brother, ABC anchor Bob Woodruff suffered a severe TBI while covering the war in Iraq.  The Federal TBI Program supports coordination among state government agencies and public and private organizations to improve TBI care from trauma to community re-integration.  Most military and civilian patients end up living in the community where a complex maze of service systems, if it exists, must be coordinated.

BIAA will work vigorously to restore funding for HRSA's TBI Program, joining with coalition partners at the national level and calling on the highly effective Congressional Brain Injury Task Force to educate their colleagues in Congress and The White House on the need for and value of the Federal TBI Program.

80 percent of prisoner's found to have sustained brain injury

A fascinating story appears on the AP wire service today concerning a survey done of prisoner's by the Wyoming Brain Injury Association.  The Wyoming Brain Injury Association found that more than 80 percent of the state's inmates have a mild to high likelihood of having suffered brain injury.

The association worked with the Wyoming Department of Corrections to survey a sample population of 200 offenders in the Wyoming State Penitentiary in Rawlins and Wyoming Women's Center in Lusk.

The survey did not actually medically diagnose people with brain injuries but asked them a series of questions about their injuries, hospital stays and difficulties with daily life to determine the possibility of injury.

Considering the behavioral affects of brain damage, the fact that most prisoner's sustained a brain injury some time in their lives is no surprise to me.  Hopefully prisoner's who have sustained a brain injury will be identified so that they can obtain proper cognitive support and rehabilitation.  At the present time their is apparently no screening in place to determine mild and moderate brain damage in prisoner's. 

The Wyoming Brain Injury Association has also offered to institute support groups for brain injured prisoners and to provide educational assistance to correction department officials about traumatic brain injury.

You can read the full AP story by clicking here.

Brain Injury Association Legal Conference

I am pleased to have been selected to speak at the Brain Injury Association of America's legal conference to be held in Las Vegas, Nevado from April 3-April 4, 2008. The conference is entitled: Brain Injury Litigation Strategies 2008--Mastering the Science and Trial Strategies.  Some of the best brain injury attorneys in the country will be present at this conference. 

This will be a unique conference made up of both plaintiff's and defense attorneys designed to bring both sides together for an intelligent discussion and understanding of traumatic brain injury.

As a frequent speaker at brain injury legal conference's, I am extremely pleased to have been selected from attorney's throughout the country to speak at this meeting.  My topic will be: "turning defense tactics at trial to the plaintiff's advantage"

My presentation will focus on many of the "dirty" tricks utilized by insurance company lawyers in the courtroom that are designed to pursuade the jury that persons who have sustained brain injury really aren't injured or really did not sustain a brain damage at all.  I have confronted these tactics in the past and have been able to effectively deal with them. 

More information about this conference can be obtained from the Brain Injury Association of America web site.

Long Island Brain Injury Symposium

The Brain Injury Association of New York State is holding a symposium for brain injury professionals, survivors, families, caregivers and community advocates hosted by Transitions of Long Island.

The symposium is scheduled for Saturday March 8, 2008 from 9:00 AM to 3:00 PM at Rust Auditorium, North Shore University Hospital in Manhasset.  Lunch and refreshments will be provided.

Scheduled topics include: New Technologies, Maintaining Health and Wellness, Work Integration, Special Issues faced by Men and Women, the TBI Medicaid Waiver Program, Guardianship and Trust Issues.

For further information e mail Dr. Deborah Benson

Maureen Campbell-Korves Passes Away

It is with sadness that I must report the passing of Maureen Campbell Korves, a past president of the Brain Injury Association of New York Sate following a lengthy illness. 

Maureen assumed the presidency of the Brain Injury Association in some very troubling times for the association and helped guide it back to its true mission.  Maureen, became involved with the brain injury and disability advocacy movement following her own traumatic brain injury sustained as a result of striking her head while a passenger in a taxi cab.  Maureen learned that their was little respect shown for victims of brain injury and few options for treatment.  She took it upon herself to improve the quality of life for persons with a brain injury and their families and became actively involved with the Brain Injury Association of New York State, then known as the New York Head Injury Association.

Her advocacy skills and commitment soon came to the attention of New York State and she was appointed to the Governors Commission on Disabilities. 

Maureen will be sorely missed by all who knew her and all whose lives were bettered by her commitment to improve life for persons with a brain injury and their families.

A wake has been scheduled to be held at the Frank E. Campbell Funeral Home, 1076 Madison Avenue, New York City today (Wednesday) from 7 PM to 9 PM and tomorrow from 2 PM to 4 PM and 7 PM to 9 PM.

Funeral services are scheduled for Friday at 11:15 AM at St. Ignatius Loyola Church, Park Avenue & 84th street, New York City.

Brain Injury Legislative Update

I have been requested to distribute the following update on federal traumatic brain injury funding by the Brain Injury Association of America:

As you will unfortunately read, although there has been a lot of talk in Congress about the need to dramatically increase appropriations for traumatic brain injury, the final bill failed to include the increases requested and advocated by the Brain Injury Association of America and in many cases failed to even maintain funding at last year's level. 

Traumatic brain injury is a national health crisis.  The failure on the part of Congress to make appropriate appropriations for brain injury is unforgivable.  The Brain Injury Association of America should be thanked for all of their efforts.  Although understaffed and underfunded, they have worked long and hard for those with brain injury and their families.  The failure to appropriate necessary funding is certainly not the fault of the association. 

"Last night, Democratic leaders in Congress filed a massive omnibus appropriations bill (H.R. 2764) that largely matches President Bush’s proposed spending limit of $933 billion for all Fiscal Year (FY) 2008 appropriations.  The omnibus spending bill combines the 11 remaining FY2008 appropriations bills not yet enacted into law this year.

Note: Although the Fiscal Year 2008 Labor-HHS-Education spending bill (H.R. 3043) was passed by Congress earlier this fall, it was subsequently vetoed by President Bush, and thus has now been included in the omnibus appropriations bill.

Unfortunately, the Labor-HHS-Education spending included in this week’s omnibus appropriations bill includes $145.1 billion in discretionary spending, which represents about $5.6 billion less discretionary funding than was included in H.R. 3043.   Overall discretionary funding in the Labor-HHS-Education section of the omnibus bill includes about $600 million more than was provided through last year’s Labor-HHS-Education bill.

TBI programs, unfortunately, were among those losing discretionary funding compared to the amounts contained in H.R. 3043.  While H.R. 3043 would have increased funding for the HRSA TBI Program from last year’s total of $8.910 million to $9.455 million, this week’s omnibus bill would instead reduce funding for this program to $8.754 million. 

Despite this inexplicable and unacceptable decrease in funding for the HRSA TBI program, this week’s omnibus bill nevertheless contains a few heartening funding increases for other TBI programs.  CDC TBI-related activities would receive an increase of approximately $500,000 over last year. In addition, the TBI Model Systems of Care program received a boost of approximately $800,000 over last year’s funding amounts, with specific legislative language directing that the funding increase be used to fund two additional TBI research centers.

The outlook for final passage of this omnibus appropriations bill by the end of the week has been deemed likely, although not assured.  Republicans are currently reviewing the bill, and it is anticipated that the Senate will add Iraq War supplemental funding when the bill reaches the Senate floor.

Democrat leaders in Congress have asserted that although undesirable, the funding cuts contained in this week’s appropriations omnibus appropriations bill are still preferable to the President’s budget blueprint (which would have eliminated all funding for HRSA TBI Act programs).  Although the funding level for the HRSA TBI program contained in this omnibus bill is extremely disappointing and unacceptable, strong TBI advocacy efforts this year undoubtedly produced a more positive outcome than would have resulted if the voices of TBI advocates were not heard.  We will continue to fight to ensure that these voices are heard, louder than ever, next year.

OMNIBUS APPROPRIATIONS BILL (H.R. 2764) FUNDING NUMBERS IN BOLD

CDC TBI Programs (HHS):  $5.811 million

-H.R. 3043 (Labor-HHS-Education appropriations bill passed earlier this year by Congress but vetoed by President Bush): $5.960 million

-Last Year (Fiscal Year 2007):  approx. $5.3 million

HRSA TBI Programs (HHS) (TBI State Grant Program and Protection and Advocacy Systems):  $8.754 million 
-H.R. 3043:  $9.455 million

-Last Year:  $8.910 million

TBI Model Systems of Care (NIDDR/Department of Education):  $8.3 million, with specific conference report language included in the final bill as follows:“The amended bill specifies $8,300,000 within the National Institute on Disability and Rehabilitation Research to carry out the traumatic brain injury model systems of care program and to fund two additional centers that submitted applications for the last grant competition.” 
-H.R. 3043:  $8.4 million

-Last Year:  $7.5 million

Traumatic Brain Injury (TBI) Reauthorization Act Needs Your Help

On Tuesday night, December 11, 2007, the Senate passed legislation to reauthorize the TBI Act (S. 793)  by voice vote.   The fate of TBI Act reauthorization is now up to the House of Representatives.  Since authority for the TBI Act officially lapsed in 2005, it is essential that advocates encourage the House to take the bill up and pass it as soon as possible.  It is essential that you contact your  Representative to ensure swift House consideration and passage of the TBI Act.

Brain Injury Association of America mourns the passing of Charles W. Haynes, former Board Chairman and long-time advocate

Charles Walter Haynes, former  chairman of the board of the Brain Injury Association of America (then known as the National Head Injury Foundation) sadly has  passed away.

Charles Walter Haynes (1926-2007) started a new chapter in his life as an advocate for persons with brain injury and their families after his daughter, Bonnie, was injured in a car accident in 1979. Mr. Haynes established the Texas Head Injury Foundation and served as its first president.  Later he was elected chair of the Board of the Head Injury Association. 

Mr Haynes played an important leadership role and was a true advocate of the rights of persons with a brain injury and their familes.  He we be missed by all.

SERVICES:

Mr. Haynes is survived by Grace Grainger Haynes, his wife of 52 years, and three children, Sam, Bonnie, and Chas, and three grandchildren.  A memorial service will be held on December 19, 2007 at 4:00pm at Trinity Episcopal Church in Houston, Texas. In lieu of flowers, the family asks friends to please consider a donation to the Brain Injury Association of America, 1608 Spring Hill Road, Suite 110, Vienna, VA 22182.

Legislative Update from Brain Injury Association of America

The following is a legilstaive update provided by the Brain Injury Association of America:
 
SENATE PASSES TBI ACT REAUTHORIZATION BILL

Earlier today (Tuesday, December 11, 2007), the Senate passed by voice vote S. 793, legislation to reauthorize the TBI Act.  The reauthorization includes provisions to continue and hopefully expand TBI Act programs, such as the HRSA State Grant and CDC surveillance programs. 

This is a big victory, as the authorization for TBI Act programs officially lapsed in 2005 and advocacy efforts to renew this authority have been vigorous.  Stay tuned to BIAA for further information and analysis as developments progress.

APPROPRIATIONS HANG-UP

Unfortunately, as of press time on Tuesday, December 11, 2007, Congressional leadership had still not made a final decision regarding floor consideration of a “split-the-difference” omnibus appropriations bill, and thus, a conference report for this bill has not been filed.  Stay tuned to BIAA for the latest updates on this situation.

DEFENSE AUTHORIZATION BILL – INCLUDING TBI CARE PROVISIONS  - SET FOR PASSAGE

Congress is expected to pass the National Defense Authorization Act for Fiscal Year 2008 - including key wounded warrior provisions related to TBI care - this week.  The House of Representatives is expected to adopt the conference report tomorrow (Wednesday) or Thursday, followed by predicted swift passage in the Senate.

According to CQ Today (Dec. 11, 2007), “Several dozen House members might vote against the bill because of its war authorization, but they are likely to prove only a bump in an otherwise smooth road to adoption. And despite the conferees’ differences with the White House on a wide range of issues including military pay and overseeing contractors, they have sufficiently modified provisions to avert a veto threatened by the administration, members and aides predict.”

BIAA has lobbied actively this year on many of the TBI care provisions contained in the final version of the bill, and grassroots activity on the part of TBI advocates helped ensure that these TBI provisions were included in the conference report.

Below is a summary of the key TBI provisions included in the bill:

Major TBI Provisions in the National Defense Authorization Act for Fiscal Year 2008 (H.R. 1585)

Overlap of DoD/VA benefits:  Allows severely ill or injured service members and veterans to access their health care - including TBI care - based on their medical condition, rather than on their status as active duty or medically retired.  For example, if implemented, this overlap of benefits would allow medically retired veterans to access TBI care at private/civilian facilities that are eligible TRICARE providers.  Currently, this access is limited to service members who have active duty status. Note: Some civilian TRICARE facilities provide cognitive rehabilitation therapy.  This provisions sunsets in 2012. (Sec. 1631)

DoD Comprehensive Plan To Address TBI: Requires DoD to submit within 180 days of enactment, in consultation with the VA, a comprehensive plan for programs and activities of the Department of Defense to prevent, diagnose, mitigate, treat, research and otherwise respond to TBI and PTSD.  Plans are directed to include provisions for making injured service members aware of options for different treatments. (Sec. 1618)

This plan is required to include a proposal for the development and deployment of evidence-based means of assessing traumatic brain injury, PTSD, and other mental health conditions in members of the Armed Forces, including a system of pre-deployment and post-deployment screenings of cognitive ability in members for the detection of cognitive impairment.  (Sec. 1618)

This plan is also required to include a proposal on the development and deployment of an education and awareness training initiative designed to reduce the negative stigma associated with TBI and PTSD, and a plan for the provisions of education and outreach to families of members of the Armed Forces with TBI, PTSD, or other mental health conditions. (Sec. 1618)

VA Individualized TBI Rehabilitation Plans/Use of Civilian Facilities for TBI Care: Requires the VA Secretary to develop an individualized plan for rehabilitation and reintegration into the community for each veteran or service member who receives inpatient or outpatient care at the VA for TBI (Sec. 1702).

Note:  Unfortunately, the final version of this defense authorization bill/conference report does NOT include the provision in the Senate version of the bill which would have required the Secretary of the VA to provide care in non-VA (civilian) facilities if the Secretary determines that the VA is unable to provide care at the frequency or duration prescribed in the individualized plan, for rehabilitation and reintegration, or if the Secretary determines it is optimal for the veteran to receive care in a non-VA facility. 

Similar – but weaker - language, was included, stating that, in implementing and carrying out the individualized plans, the Secretary of the VA “may provide hospital care and medical services through cooperative agreements with appropriate public or private entities that have established long-term neurobehavioral rehabilitation and recovery programs.” (Sec. 1703)

Procedures for Referrals to VA and Civilian Health Care Services: Requires a comprehensive policy on improvements to care, management, and transition of recovering service members to “provide for uniform policies, procedures, and criteria among the military departments on the referral of recovering service members to the Department of Veterans Affairs and other private and public entities (including universities and rehabilitation hospitals, centers, and clinics) in order to secure the most appropriate care for recovering service members, which policies, procedures, and criteria shall take into account, but not be limited to, the medical needs of recovering service members and the geographic location of available necessary recovery care services.” (Sec. 1611)

DoD TBI Center of Excellence: Requires the establishment of a Center of Excellence in the Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury, including mild, moderate, and severe TBI.  The Secretary of Defense is directed to enter into partnerships, to the maximum extent practicable, with the VA, institutions of higher education, and other appropriate public and private entities, to further the research efforts of the centers.   This DoD TBI Center of Excellence is responsible for implementing the DoD’s comprehensive plan to address TBI - as required by Sec. 1618 – once this plan is developed.  (Sec. 1621)

Collaboration Required in New VA TBI Research Efforts:  Requires new VA TBI research efforts to collaborate with facilities that conduct research on rehabilitation for individuals with TBI and receive grants for such research from the National Institute on Disability and Rehabilitation Research of the Department of Education (for example, the TBI Model Systems of Care program). (Sec. 1704) 

National Academy of Sciences DoD/VA TBI Study: Requires DoD, in consultation with the VA, to contract with the National Academy of Sciences to study the physical and mental health – specifically including the neurological, psychiatric, and psychological effects of TBI – of members and former members of the Armed Forces who are deployed in OEF or OIF, and their families as a result of such deployment.  Specifically, a comprehensive assessment is required - not later than three years after the date of legislative enactment – of “the full scope of the neurological, psychiatric, and psychological effects of traumatic brain injury on members of the Armed Forces, including the effects of such effects on the family members of such members and former members, and an assessment of the efficacy of current treatment approaches for traumatic brain injury in the United States and the efficacy of screenings and treatment approaches for traumatic brain injury within the Department of Defense and the Department of Veterans Affairs.  (Sec. 1661)

Comprehensive Long-Term TBI Rehabilitation Program in VA: Requires the Secretary of the VA to develop and carry out a comprehensive program of long-term care for post-acute traumatic brain injury rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary treatment teams.  This program is to be developed and located in Department of VA polytrauma rehabilitation centers.  Eligibility is restricted to veterans diagnosed as suffering from “moderate to severe” traumatic brain injury (excludes mild) who are unable to manage routine activities of daily living without supervision or assistance, as determined by the Secretary. (Sec. 1702)

Pilot Program on Assisted Living Services for Veterans with TBI:  Requires the Secretary of the VA, in collaboration with the Defense and Veterans Brain Injury Center of the Department of Defense, to carry out a five-year pilot program to assess the effectiveness of providing assisted living services to eligible veterans with traumatic brain injury to enhance the rehabilitation, quality of life, and community integration of such veterans (Sec. 1705)

Report on TBI Classfications:  Requires the Secretary of Defense and the Secretary of Veterans Affairs to jointly submit a report – not later than 90 days after the date of legislative enactment - describing the changes undertaken within the Department of Defense and the Department of Veterans Affairs to ensure that traumatic brain injury victims receive a medical designation concomitant with their injury rather than a medical designation that assigns a generic classification (such as “organic psychiatric disorder.”) (Sec. 1664)

TBI Registry in VA:  Requires the Secretary of the VA to establish and maintain a registry of names of each individual who: 1) served as a member of the Armed Forces in Operation Enduring Freedom or Operation Iraqi Freedom; 2) exhibits symptoms association with TBI; 3) applies for care and services from the Department of Veterans Affairs or files a claim for compensation for disability associated with such service; and 4) grants permission to the Secretary to include such information in the registry. (Sec. 1704)

Brain Injury Association of America: Legislative Alert

Here is the latest legislative alert from the Brain Injury Association of America:

Dear Advocates:

Congress returned this week from Thanksgiving Break, and acted on several bills impacting traumatic brain injury care and programs.

Late last night, the conference report for the National Defense Authorization Act for Fiscal Year 2008 was filed, containing important Wounded Warrior provisions, including several related to TBI care for returning service members.

Also this week, Congress reportedly made progress on year-end spending negotiations, setting up a likely vote next week on an omnibus appropriations bill including reduced spending levels in an attempt to compromise with the White House.

In addition, an expected markup of an important Medicare package by the Senate Finance Committee was scrapped late this week in favor of direct negotiations with the House of Representatives.

Congress will attempt to resolve all of these issues – and more – before ending this year’s session within the next couple of weeks.

Children with Brain Injuries Can Benefit From New York State Brain Injury Association Web-Based Information and Resource Program

The Brain Injury Association of New York State BIANYS has launched LEARNet, a Web-based information and resource program, funded by the state Developmental Disabilities Planning Council.

Each year, more than 30,000 children become permanently disabled following a brain injury. Many more, often unaccounted for, appear to have recovered from their injuries only to have problems resurface later as they encounter increased social, academic and developmental challenges.

Problems can include behavior outbursts, cognitive changes and depression resulting in academic problems and alienation from peer groups.

LEARNet offers, along with resource information, a comprehensive problem-solving tool designed to help teachers and families find solutions to these often challenging and frustrating problems.

In addition to LEARNet, the association's Family Advocacy, Counseling and Training Services Program provides links for individuals injured before age 22 and their families with community-based services and supports.

FACTS coordinators throughout the state are on hand to educate the public about brain injury, available services and prevention.

For more information about LEARNet, the FACTS Program or any of the association's other programs, you can visit the association web site: Brain Injury Association of New York State , by phone at (800) 228-8201, by e-mail.

News From The Brain Injury Associaton of New York State

The Brain Injury Association of New York State is a great organizatoin whose mission is to improve the lives of persons with brain injury, their family and friends and to prevent future brain injuries from occurring. 

Here are some events that will take place November sponsored by the association.

Fundraising Event:  Meet the Sopranos

An exciting and elegant fund raiser for the Association is being planned by Joanne Miller and Ann Marie DiSalvo, the owners of DiSalvo Interiors, an upscale interior design company in Garden City, NY. The event will take place in the company’s luxurious 20,000 square-foot showroom, and is scheduled for Thursday, November 15, from 6 to 10:00 pm.

When Joanne’s son sustained a brain injury several months ago, she and her family spent many hours with him at St. Vincent’s Medical Center in Manhattan. Coincidentally, two nationally-renowned celebrities, Lorraine Bracco and Penny Marshall, were also holding vigil for a close friend of theirs with a brain injury. They got to know each other well, and when Joanne began planning an event to raise funds and awareness about brain injury, Ms. Bracco and Ms. Marshall agreed to be honorary co-chairs.

The fund raiser will include hors d’oeuvres, cocktails, and a silent auction featuring many items donated and autographed by celebrities Ms. Bracco and Ms. Marshall have contacted about the event. All proceeds will benefit the Brain Injury Association of NYS. Tickets are $125.

For more information, contact Joanne Miller or Ann Marie DiSalvo at 516-873-6011. Click here for an invitation.

Long Island Chapter Membership Meeting:

The Long Island Chapter of the Brain Injury Association of NYS will hold a membership meeting on Wednesday, November 14, from 7 to 9:00 pm. The meeting will be held at the Long Island Head Injury Association, 65 Austin Boulevard in Commack. All are welcome to attend. For further information, please contact Kate DiMeglio at 631-929-5837.

Conference:

On Friday, November 16, from 8:00 am to 4:15 pm, the Association will hold a training symposium entitled, “Securing the Future: Lifetime Planning for a person with Brain Injury.” This one-day event will take place in the Main Auditorium of Helen Hayes Hospital in West Haverstraw.

The conference will encompass such topics as community re-entry, legal issues, assistive technologies, medication management, and emergency preparedness. This symposium is a must for individuals with brain injury and their families, service coordinators, rehabilitation specialists, and allied health care professionals.

I will be presenting at this conference on the mulitude of legal issues faced by individuals and families following a traumatic brain injury.

More information on the Brain Injury Association of New York can be found on their web site.

Brain Injury Government Affairs Lecture

The Brain Injury Association of America and its standing committee, the American Academy for the Certification of Brain Injury Specialists has announced the next David L. Strauss Memorial lecture, entitled Government Affairs Update, by Laura Schiebelhut, BIAA Public Affairs Manager.

Date: Wednesday November 14, 2007

Time: 3:00 pm EST

To register for the teleconference, please click here  and download the registration form.

Public Input Requested for the Brain Injury Summit

A Brain Injury Summit is scheduled for November 2-3, 2007 in Washington, DC jointly sponsored by the Brain Injury Association of America (BIAA) and the North American Brain Injury Society (NABIS).  You are invited to provide input into one or more of the focus areas listed below.  Your comments will be furnished to work group moderators who will write the final document. 

Acute Care
Sub-acute and Post-acute Care
Long-term, Community Integration & Case Management
Mild TBI & PTSD
Systems Issues
To provide input to the established work group questions, please click on this link.

The Summit will result in a white paper/position statement on improving the quality of care and long-term living for individuals with brain injury, including civilians, service members and veterans. Advocates at the federal and state levels and in the private sector will utilize the position paper for advocacy efforts. 

I encourage all those involved in the brain injury movement including persons with a brain injury, family members and professionals to participate in this important advocacy effort.

10-in-10 Project

I had the privilege this morning of having breakfast with Peter C. Kinney, the treasurer of a really good not for profit organization known as the 10 in 10 Project whose goal is to assist our brain injured troops and the civilian population who are living with brain injuries and are unable to afford or access the necessary assistance.

Through a fund raising program called Tickets of Hope they are raising funds to assist those in need and provide a kit known as the Brain Injury Recovery Kit produced by Day Timer which is a memory aid and planner for brain injured individuals.

Donations totaling $600 purchase one Ticket of Hope™

For each Ticket they sell the the 10 in 10 Project is able to provide:

• One Brain Injury Recovery Kit™ shipped to the individual's home,
• A support program for use of the Kit with the assistance of The Brain Injury Association of New Mexico, (BIANM)
• Membership to the Chartered Affiliate Brain Injury Association in the individual's state to be guided to additional resources.

I look forward to working with this dedicated group of individuals on this project.

You can get further information by visiting the 10 in 10 Project web site. You can also e mail them for further information and to request assistance.