Brain Injury Lawyer - New York

Urgent Call to Action for Traumatic Brain Injury Congressional Funding

The Brain Injury Association of America has just issued this important call to action to Urge Congress to Increase Funding for Traumatic Brain Injury (TBI) Programs:

The Appropriations Subcommittee on Labor, Health and Human Services and Education begins consideration of the FY10 funding bill today!

Over the next few days, the House Appropriations Subcommittee on Labor, Health and Human Services and Education will be considering a bill which will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

Federal funding for these important TBI programs has remained stagnant over the last several years, as Congress has not provided increases sufficient to keep up with the increasing cost of doing business. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of the wars in Iraq and Afghanistan.

The time is now to urge Members of Congress to adequately fund TBI programs!

Please contact your congressional representative as soon as possible to urge funding for traumatic brain injury programs.

Brain Injury Resource Lecture at The George Washington University

I am thrilled to be in Washington DC today to again lecture at the Master's Degree Program in the Center for Education and Human Services Acquired Brain Injury Masters program at The George Washington University.

This semester’s lecture is focused on examining the various sources of information that is available on the internet in the area of traumatic brain injury. We will be exploring government web sites such as the Center For Disease Control and the National Institute of Health, great brain injury resource sites such as BrainLine, web sites that emphasize management of sports concussions, web sites that provide useful information on special education, various neuropsychological accrediting groups, brain injury association pages, brain injury professional societies and of course the brain injury news and information blog and brain law and the brain injury legal guide web site.

The Master's Degree Program in Special Education: Emphasis in Acquired Brain Injury is focused in addressing the national shortage of special education and related service personnel qualified to meet the needs of students with traumatic brain injuries (TBI) and their families. Graduates are uniquely prepared to be educators and systemic improvement specialists in schools, hospitals, rehabilitation programs, advocacy programs, and related organizations. Scholarship support for qualified students is available. You can obtain more information on the GW Acquired Brain Injury Program by clicking here.

More State Brain Injury Association Annual Conferences Scheduled

The Brain Injury Association of Michigan has announced that their 29th annual conference will be held on Sep 24-25 in Lansing, Michigan.  More information is available at the Michigan Brain Injury Association web site.

The Brain Injury Association of Ohio is hold their 28th annual conference on Oct 1-2 in Columbus, Ohio.  More information is available at the Ohio Brain Injury Association web site.

Pennsylvania Brain Injury Association Annual Conference

The Brain Injury Association of Pennsylvania is holding their annual conference on Jun 22-23 in Lancaster, PA.  For more information go the the Brain Injury Of Pennsylvania web site.

Brain Injury Legislative Update

This week's brain injury legislative update has been prepared by the Brain Injury Association of America (BIAA):

Health Care Reform Update

On June 9, 2009, the Senate Health, Education, Labor and Pensions (HELP) Committee released a draft health care reform bill.  In summary, the draft would expand Medicaid eligibility to those with incomes up to 150 percent of the federal poverty level, impose federal tax penalties on most individuals failing to purchase coverage, mandate a public plan option, require employers to provide coverage or pay into a pool, and stiffen regulation of private health insurance plans.

Importantly, the plan eliminates life-time insurance caps as well as provides for the establishment of a medical advisory council that will submit a report to the Secretary of Health and Human Services including recommendations on essential health care benefits eligible for credits which includes rehabilitative services. In issuing the report, the council will ensure that the recommendations take into account the needs of diverse segments of the population including persons with disability.

The HELP committee plans to begin considering this bill on June 16, 2009.  BIAA will continue to monitor the situation carefully.

NIDRR Grant Forecast

This week, The National Institute on Disability and Rehabilitation Research (NIDRR) announced it will include two TBI grant programs in its forecast for 2009. 

The first grant application notice, rehabilitation research and training centers (RRTC) on traumatic brain injury interventions, will be available on June 30, 2009, while the second, RRTC on developing strategies to foster community integration and participation for individuals with traumatic brain injury will be available on July 24, 2009.

BIAA will report on the details of these applications when they are released.

Coalition for Regenerative Stem Cell Medicine update

As part of the Coalition for Regenerative Stem Cell Medicine, BIAA enthusiastically endorses two important pieces of legislation aimed at advancing the therapeutic potential of newborn stem cells, the unique stem cells that can be collected immediately following birth from umbilical cord blood and the cord itself, as well as helping to advance the use of one's own newborn stem cells in regenerative medicine.

HR 1718 - The "Family Cord Blood Banking Act" amends Section 213(d) of the IRS Code to add cord blood banking services as a qualified medical expense. This change will allow individuals and couples to use tax advantaged dollars to pay for umbilical cord blood banking services through flexible spending accounts (FSAs), health savings accounts (HSAs) health reimbursement arrangements (HRAs) or the medical expenses tax deduction.

The "Family Cord Blood Banking Act" will make cord blood banking more affordable for American families and provides incentives to ensure that this valuable health resource is never thrown away.

HR. 2107 - The "Cord Blood Education and Awareness Act of 2009" will provide expectant mothers with straightforward, accurate and easy to understand information about the value of their child's umbilical cord blood stem cells. It will offer a government stamp of approval on all available cord blood banking options and will give expectant parents confidence in the information they are reviewing.

Weekly Brain Injury Legislative Update

Here is this week's traumatic brain injury legislative update provided by the Brain Injury Association of America (BIAA)

Health Care Reform Update

Currently, the Senate Finance Committee has reached no consensus on major provisions of the anticipated health care overhaul, raising doubts that it will be considered this month.  Committee members remain at an impasse in part because members still lack a clear picture of what potential policy choices would cost.

The Congressional Budget Office (CBO), which estimates what legislation will cost the taxpayers, is scrambling to analyze dozens of policy options the committee is considering. Without cost estimates, lawmakers say it is difficult to decide which provisions they can support. (CQ)

BIAA will continue monitoring the situation closely.

BIAA mobilizes Grassroots Advocates in Support of The conTACT Act

On Thursday, June 4, 2009, BIAA circulated an action alert with the intent to urge members of Congress to sign on to HR 1347, the Concussion Treatment and Care Tools Act of 2009(ConTACT Act). 

The bill would require the Centers for Disease Control (CDC) to convene a conference to adopt official concussion guidelines. The bill would also provide grants to states for the purpose of ensuring that elementary and secondary schools implement these guidelines by funding computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

BIAA Submits Comments to NIDRR in Response to Proposed Priorities for RRTCs

This week, BIAA submitted comments to the National Institute on Disability and Rehabilitation Research (NIDRR) specifically regarding the fourth priority included in the proposed plan for the Rehabilitation Research and Training Centers (RRTCs) entitled, "Developing Strategies to Foster Community Integration and Participation for Individuals with Traumatic Brain Injury." 

BIAA expressed strong support for the inclusion of a brain injury related research priority.  However, BIAA also detailed some concerns related to the strategies used in the priority to foster community integration and participation for affected individuals. As proposed, this priority would develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

BIAA explained that no two brains are alike and each and every individual presents with different symptoms, and each injury results in different challenges. Therefore, trying to categorize these injuries could be counterproductive to the priority's goal.

BIAA also suggested several suggestions in lieu of a categorization strategy.  For further reading, the full text will be posted on BIAA's web site shortly.

New national guideline proposed for sports concussions

A national guideline that young athletes suspected of sustaining a concussion or head injury in practice or games be removed from competition until examined or cleared by a medical professional is at the heart of a multi-organizational call-to-action announced today at the American College of Sports Medicine (ACSM) 56th Annual Meeting in Seattle. ACSM is collaborating with the Brain Injury Association of Washington (BIAWA) and the U.S. Centers for Disease Control and Prevention (CDC) to build national momentum on a new Washington state law protecting young athletes from death or disability caused by premature return to play following a concussion.

The Lystedt Law is named in honor of Zackery Lystedt, a Seattle-area young athlete who suffered a concussion in 2006 during a middle school football game. After returning to the same game, he later collapsed on the field.  The legislation, according to ACSM and its partners, is the standard for a no-cost, highly protective model for national duplication.

In order to replicate the characteristics of the Lystedt Law that will protect young athletes in sports, ACSM says state legislation can work to require:

- School districts to work with their state athletic associations to develop guidelines and informational forms to educate coaches, youth athletes and their parents of the nature and risk of concussion and head injury.

- Information handouts to parents and players on the signs and symptoms of concussion; returned and signed by parents and youth athletes acknowledging the risk of concussion and head injuries prior to practice or competition.

- Removal of a youth athlete who is suspected of or sustains a concussion or head injury from play. "When in doubt, sit them out"

- Written clearance prior to returning to play from a licensed health care provider for a youth athlete who has been removed from play.

- Compliance from private, nonprofit youth sports associations with the policies adopted in that state.

ACSM has a long history of advocating for concussion management, as well as establishing resources and partnerships to support treatment and prevention updates that help coaches and athletes avoid head injuries during play or competition.

In 2006, ACSM published Concussion (Mild Traumatic Brain Injury) and the Team Physician: A Consensus Statement, a guide to help team physicians diagnose and treat athletes with a concussion. The primer outlines best practices in identifying a mild traumatic brain injury; factors that should be considered in making return-to-play (RTP) decisions; the need for a game-day medical plan specific to concussions; the need for documentation, and more.

For more information on the Lystedt Law in Washington state, visit the brain injury association of washington web site. 

Brain Injury Association Legislative Update

Here is this week's leglislative update provided by the Brain Injury Association of America (BIAA):

Health Care Reform Update

This week House Democratic leaders vowed to pass a comprehensive overhaul of the nation's health care system before the Congressional recess in August. Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and the chairmen of three committees with jurisdiction over this issue made the pledge following a morning meeting with President Obama.  The President restated the importance of the effort as a necessary step for containing long-term budget deficits.

BIAA will continue to monitor any health care reform related progress.  If you have not yet taken action and emailed your Senators and Representatives regarding the brain injury guiding principles, you may still do so by clicking here .

 
Obama Administration Rescinds Harmful Medicaid Regulations

On May 5, 2009, President Obama issued an order to rescind several Medicaid regulations including separate rules for school-based services as well as outpatient hospital services.  Other harmful Medicaid regulations, including the rehabilitative services rule, were not yet finalized, and therefore did not need to be rescinded.  On that front, the Obama Administration has given no indication that it plans to implement them in the future.

BIAA is thrilled that these harmful Medicaid regulations have been rescinded and that the Medicaid moratorium that BIAA had actively supported earlier this year will no longer be needed!

Brain Injury Legislative Update

The following is this week's brain injury legislative update, prepared by the Brain Injury Association of America  (BIAA)

Health Care Reform Update

Lawmakers are now developing policy options that could become part of the national health care reform, but currently no legislation has been introduced and there are no specific bills to support or oppose. In anticipation of both proposed and final legislation, BIAA has adopted five guiding principles (below) designed to aid Congress in drafting language that would increase access to treatment for individuals with brain injury.

Guiding Principles:

1. Recognize brain injury is a disease.
2. Focus on medical necessity.
3. Provide access to the full treatment continuum.
4. Use accredited programs, interdisciplinary team of qualified/specialized clinicians, and appropriate treatment settings based on patient and family choices and aspirations.
5. Hold private insurers accountable for the premiums they collect; avoid Medicare/Medicaid as first option for coverage.

These principles are explained in a Brain Injury Health Care Pledge that can be signed and supported by members of congress who want to make sure that the unique needs of those with brain injury are addressed in the final health care plan. Our goal is to encourage all Representatives and Senators to sign this pledge to raise awareness and understanding of how proposed policies could impact people with brain injury, family members, researchers and clinicians. 

On May 6, 2009, BIAA circulated an action alert that included the pledge in the body of the message advocates send to their Representatives and Senators. 

BIAA's full position paper explaining each guiding principle, an executive summary, and a detailed article from The Challenge! regarding our positions on health care reform can also be found  on our website

In support of BIAA's health care reform campaign, BIAA leaders and staff participated in several high level meetings in the House, Senate, and the White House to encourage support for these principles.

BIAA gained the support of the Co-Chairmen of the Congressional Brain Injury Task Force (Rep. Pascrell, Rep. Platts), who circulated a letter to their House of Representatives colleagues encouraging them to sign the Brain Injury pledge. BIAA will continue to reach out to members of both the House and the Senate to secure brain injury treatment in health care reform proposals.

Appropriations Update

President's FY10 Budget Proposal Released

TBI Act, Department of Health and Human Services

The White House proposes to sustain funding for 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. The President's plan proposes $10 million be allocated to HRSA, the same amount designated in FY09.

For the past three years, President Bush had proposed to eliminate the HRSA TBI Program funding in his budgets. BIAA applauds President Obama's decision to preserve this program, although still underfunded, so that we can continue to address the huge public health problem of traumatic brain injury

NIDRR, Department of Education

The President's budget proposal slates a $3 million increase for the National Institute on Disability and Rehabilitation Research (NIDDR), going from $108 million in FY09 to $111 million in FY10. Although BIAA is thrilled about this increase, we will continue to advocate for increased funding for the TBI Model Systems of Care as the appropriations process advances this summer.

BIAA submits FY10 testimony to both the House and Senate Appropriations Committees

This week, BIAA submitted testimony to the House and Senate Appropriations Committees, Subcommittees on Labor, Health and Human Services, Education and Related Agencies.  You can read the brain injury testimony 

The testimony detailed the importance of appropriating $37 million to preserve and advance TBI Act Programs, as well as the need to designate $13.3 to sustain and bolster health and function research -- including the TBI Model Systems of Care, Rehabilitation, Research & Training Centers; and field-initiated investigations---within the National Institute on Disability and Rehabilitation Research (NIDRR).

NIDDR Releases notice of proposed priorities for RRTCs and RERCs

This week the Assistant Secretary for Special Education and Rehabilitative Services under the Department of Education proposed funding priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice proposes four priorities for the Rehabilitation Research and Training Centers (RRTCs) and three priorities for the Rehabilitation Engineering Research Centers (RERCs).

Notably, the proposed priorities for RRTCs include "Developing Strategies to Foster Community Integration and Participation (CIP) for Individuals with Traumatic Brain Injury." The goal of this priority is to develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

This classification system can be used to link the post-rehabilitation consequences of TBI with CIP-oriented interventions. Such a classification will allow practitioners and researchers to better match individuals with TBI with specific interventions, and to better characterize their study samples.

BIAA applauds the Assistant Secretary for proposing this priority and will continue to advocate in its favor.

BIAA endorses the Heroes at Home Act of 2009

This week, BIAA submitted a letter to the House Veteran's Affairs Committee, Subcommittee on Health urging consideration of the Heroes at Home Act of 2009 (HR 667). The bill would significantly improve support for family caregivers of returning service members with TBI and acknowledge the critical role played by family caregivers in facilitating recovery from brain injury and the pressing need for training, certification and financial compensation of caregivers.

BIAA will continue to advocate for the swift passage of this bill as the 111th Congress progresses.  The legislation currently has 36 cosponsors.

BIAA submits letter of endorsement for the Concussion Treatment and Care Tools Act of 2009 (conTACT)

BIAA submitted a letter to the House Energy and Commerce Committee encouraging swift passage of the conTACT Act of 2009 (HR 1347), applauding the bill's proposal to provide grants to states to  ensure that elementary and secondary schools implement concussion management guidelines by funding computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

BIAA will continue to track the progress of this measure and will advocate on its behalf.

BIAA Urges Cosponsorship of the National Neurotechnology Initiative Act

On April 22, 2009, BIAA circulated an action alert targeting House Members to cosponsor the National Neurotechnology Initiative Act of 2009 (HR 1483). The bill would promote discoveries and accelerate the development of new and safer treatments for brain-related illness, injury and disease. 

Urge Congress to Support the Principles of the Brain Injury Healthcare Reform Pledge

The following request has been received from the Brain Injury Association of America:

 The Brain Injury Association has embarked on what may be the most important advocacy effort in our 29-year history. President Obama and the U.S. Congress are undertaking a comprehensive overhaul of our nation's healthcare system and the discussions on what to include in the legislation are happening now. BIAA is committed to influencing this policy making for the benefit of the brain injury community.
 
Help us make sure that people with brain injury have access to the care that they so desperately need and deserve. Please contact your Senators and Representatives in Congress to urge them to sign a pledge in support of the healthcare reform principles benefitting individuals with brain injury.