Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News

Increased Funding Needed for Federal Brain Injury Programs

The Brain Injury Association of America (BIAA) submitted written testimony this week to the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies calling for increased fiscal year 2018 appropriations for Traumatic Brain Injury (TBI) Act programs, including the state grant program, and for TBI Model Systems research funded by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR).

The TBI Act, which was originally passed in 1996 and reauthorized in 2008 and 2014, is the only federal law that specifically addresses the needs of the growing population of TBI survivors.

The programs authorized under the TBI Act provide public awareness and education through the CDC and State TBI care capacity-building and protection, legal, referral, and advocacy services at the Administration for Community Living. Furthermore, the TBI Model Systems of Care at the National Institute on Disability and Rehabilitation Research (NIDRR) represent a vital national network of TBI research and expertise—providing the only source of non-proprietary longitudinal data on TBI experiences and a key source of evidence-based medicine.

Critical funding is also required for the CDC to establish and oversee a national surveillance system to accurately determine the incidence of concussions, particularly among the most vulnerable of Americans—our children and youth

March 13, 2017 | Permalink | Comments (0)

Brain Injury Events, Brain Injury Legislative News, Current Affairs, Medicare and Medicaid Information

New York State Traumatic Brain Injury Services Waiver Program--Important Meeting

The New York State Department of Health (DOH) is continuing its efforts to transition participants in the New York State Traumatic Brain Injury Waiver Program into managed care and the Nursing Home Transition and Diversion Program. The Health Department continues its efforts despite wide spread opposition from TBI Waiver participants and other stakeholders including the Brain Injury Association of New York State.

The transition has serious implications for all TBI Waiver participants and may jeopardize their continued eligibility or the types of services they receive.

A workgroup meeting has been scheduled by DOH for Wednesday March 1, 2017 10:00 am -12:00pm, but an agenda has not been announced.  [nothing like waiting to last moment to surprise everyone, but typical of the attitude of the Health Department to persons with a brain injury]

Stakeholders are invited to either attend in person in Albany at the Office of the Division of Long Term Care: One Commerce Plaza, 99 Washington Avenue, room 1613, or via webinar/conference call.

To participate by webinar or call you must first register.

  1. Click here
  2. Then Click "Register".
  3. On the registration form, enter your information and then click "Submit".

February 23, 2017 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News

National Hockey League (NHL) Disputes Research on CTE--Give Me a Break

The National Hockey League is taking a page from big tobacco in challenging the research on chronic traumatic encephalopathy (CTE) and its link to repetitive head trauma. See article from New York Times, The N.H.L.’s Problem With Science. How can NHL condone fighting as part of sport? Time for Congress to shine the spotlight on NHL!

February 10, 2017 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Legislative News, Current Affairs

Brain Injury Association of America Legislative Update

The following legislative update was prepared by the Brain Injury Association of America (BIAA).   

Protection and Advocacy for Veterans Act

Members of the Consortium for Citizens with Disabilities (CCD) Task Force on Veterans and Military Families submitted a letter of support last Friday to Representatives Martha Roby (R-Ala.), Dina Titus (D-Nev.), Timothy Walz (D-Minn.) and Lee Zeldin (R-N.Y.), sponsors of H.R. 5128, the "Protection and Advocacy for Veterans Act." H.R. 5128 would establish a pilot program within the Department of Veterans Affairs (VA) to ensure veterans receive proper support in the areas of mental health and substance use. As a member of the CCD Task Force, the Brain Injury Association of America (BIAA) signed the letter.

NIH Pediatric Concussion Workshop

On Oct. 13-14, 2016, the National Institutes of Health (NIH) is sponsoring a Pediatric Concussion Workshop to bring together experts in the field of pediatric concussion to present their most recent findings. The goals of this workshop are to: (1) identify gaps in knowledge about pediatric concussion, (2) identify high priority areas of research in pediatric concussion, and (3) identify populations and study designs that will prove most feasible for addressing knowledge gaps. The workshop will be held at the North Marriott Hotel & Conference Center, Bethesda, Maryland. Participating NIH institutes are the National Institute of Neurological Disorders and Stroke (NINDS); National Center for Medical Rehabilitation Research (NCMRR); National Institute of Child Health and Human Development, known as the Eunice Kennedy Shriver Center (NICHD); and the National Institute on Drug Abuse (NIDA). For details,  click here

CDC Report on Guideline for Managing Mild TBI

The Board of Scientific Counselors (BSC), an advisory board to the Centers for Disease Control and Prevention (CDC), met last week and accepted the mild traumatic brain injury (mTBI) workgroup report prepared for Congress. The BSC recommended that CDC move forward with developing the mTBI guideline. More information on the public comment period for this guideline will be forthcoming as that process gets further underway. The TBI Act Reauthorization of 2014 directed the CDC, in consultation with the National Institutes of Health, to conduct a review of scientific evidence related to brain injury management in children and to submit a report to Congress in 2016. CDC's Injury Center is expecting to release the report around the annual Congressional Brain Injury Task Force Awareness Day in March. Click here to review the report.

September 16, 2016 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Association Information, Brain Injury Events, Brain Injury Legislative News

Congressional Brain Injury Caucus Briefing Scheduled for Tuesday Sept 13 on CTE

Neuroscience Caucus to Hold Briefing on CTE Next Week

On Sept. 13, 2016, the Congressional Neuroscience Caucus and the Congressional Brain Injury Task Force, in partnership with the American Brain Coalition, the American Academy of Neurology, and the National Association of State Head Injury Administrators, will present a briefing that explores our current understanding of sports-related injuries and research efforts aimed at gaining a deeper understanding of these injuries on the human brain. The briefing, "Sports-Related Brain Injuries: From the NFL to the Laboratory," will be held from 3 p.m. - 4:30 p.m. at the Capitol Visitors Center H-201A-B. This briefing will feature Chris Borland, a linebacker formerly of the San Francisco 49ers who stunned the sports world by retiring after one year in the NFL due to concerns about CTE. Chris is now forming a foundation to work with high school athletes who serve their communities. Dr. Ann McKee, a professor of Neurology & Pathology at Boston University, who is a renowned brain researcher and one of the leading authorities on TBI and CTE in the nation, will also be presenting information.

September 9, 2016 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Legislative News, Current Affairs

Important action alert from the Brain Injury Association of America concerning the Americans with Disability Act

 The following alert has been issued by the Brain Injury Association of America concerning proposed amendments to the Americans with Disabilities Axt:       

The Americans with Disabilities Act (ADA) is once again under attack!   This summer, the Judiciary Committee in the U.S. House of Representatives passed H.R. 3765, the ADA Education and Reform Act of 2015, which would limit the power of the ADA and reduce compliance with the law.   Businesses have had 26 years to comply with the accessibility requirements of the ADA. Now, H.R. 3765 has been introduced to impose several additional steps on plaintiffs before they can file a civil action for an accessibility violation in a public accommodation case. H.R. 3765 would also impose criminal fines if demand letters or other pre-suit notifications alleging violations of ADA public accommodation requirements are not sufficiently specific.   These proposed restrictions and penalties go against the intent of the disability rights statute by putting up barriers and limiting the ability of people to assert their rights with regard to public accommodations. For these reasons, we urge you to contact your Congressional Representative to oppose the bill. Please contact your Congressional Representative today!  To contact your Representative, go to this website and enter your zip code. You can email your comments from the Member's webpage, which will also have other contact information. You may also call the U.S. House of Representatives switchboard at 202-224-3121 and ask for your Representative. Once connected to your Representative's office, tell them your name, address, and let them know: "Please oppose H.R. 3765, the ADA Education and Reform Act of 2015." Message points:

  • Equal treatment is a fundamental purpose of the ADA. People with disabilities must not be treated in a different or inferior manner.
  • H.R. 3765 goes against the disability rights principles of equal access to all Americans by removing incentives for businesses, social service establishments, and other places of public accommodation to comply with the ADA's accessibility requirements, unless and until an individual with a disability recognizes that the place of public accommodation is out of compliance with the ADA's requirements and provides the entity with written notice in precisely the right manner. 
  • HR 3765 requires a person with a disability to give a business owner who has barriers to access a written notice. The business has 60 days to acknowledge the problem and, then, another 120 days to begin to fix it. No other civil rights group is forced to wait 180 days to enforce their civil rights.
  • People with disabilities are important consumers of goods and services, but to be good consumers, they need access and to be integrated into the community.
  • We are an aging America. Many older adults, whether they have disabilities or not, find accommodations make it easier to shop at the grocery store and attend community events. 

Thank you for taking ACTION to move this important legislation!             

 

September 8, 2016 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Legislative News

Congressional Brain Injury Task Force to Host Briefing on Women and Traumatic Brain Injury

The Congressional Brain Injury Task Force in association with the Brain Injury Association of America have scheduled a Congressional briefing: Women and Traumatic Brain Injury: A Frontier Yet to be Explored for Tuesday, June 14, 2016 from 2:30 pm - 4:00 pm at the Rayburn House Office Building.

June 11, 2016 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News

NFL: Did they get away with "murder"-- NFL Settlement Upheld by Third Circuit Court of Appeals this afternoon

Unfortunately, the Third Circuit Court of Appeals this afternoon denied the request for an En Banc hearing to re-examine the settlement reached by the NFL and the class action attorneys purportedly representing the interests of 20,000 players.  Any chance of the Supreme Court agreeing to hear this case is slim to none. What does all this mean?  It means that the truth may never be told and the NFL is getting away with "murder"?  With this decision the truth may never be discovered regarding what the NFL knew, when did they know it, and how did they hide it?  Read story on line in New York Times. Appeals Court Won’t Revisit N.F.L. Concussion Settlement

June 1, 2016 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News

Neuro-Data Bill Needs Your Support--Critical Action Alert

We have been requested to circulate the following action alert by the Brain Injury Association of America (BIAA)

Brain injury advocates have helped get the Advancing Research for Neurological Diseases Act (S. 849) further than it has ever advanced in the U.S. Senate. This bill would establish a data collection system to track the incidence and prevalence of neurological diseases including brain injury. Having passed committee unanimously in February, the next few weeks are critical in determining whether the Senate will bring the bill-along with other medical innovations bills-to the floor for a vote.

Email or call your U.S. Senators today to urge them to continue working in a bipartisan fashion to bring the medical innovations bills-including S. 849-to a vote. To find your Senators contact information including email address click here. Or call your Senators. Call the Capitol Switchboard at 202-224-3121.

Sample Email/Script Language

As a person with a brain injury or brain injury advocate or brain injury professional and constituent, I am contacting you today to ask that you help bring the Senate's medical innovations package to the floor and vote YES on the package. The policy proposals found in this legislation are bipartisan and were passed by the Senate's Health, Education, Labor, and Pensions (HELP) Committee. Of particular importance to people affected by brain injury and other neurological conditions and diseases is inclusion and passage of the Advancing Research for Neurological Diseases Act (S. 849).

Emerging therapies offer promise of cures for life-threatening diseases such as brain injury, Alzheimer's, MS, cancer, Parkinson's, and others. We are on the cusp of personalized medicine that takes into account a patient's unique genetic, environmental, and lifestyle factors. We must ensure research and regulatory institutions can keep pace. This pending legislation would streamline and modernize the biomedical research pipeline, and help bring new, safe and effective treatments and cures to Americans.

I am particularly grateful that the medical innovation bill includes S. 849-which would establish a data collection system to track the incidence and prevalence of neurological diseases. This system will provide a foundation for evaluating and understanding aspects of neurological diseases on which we currently do not have a good grasp such as the geography of diagnoses, variances in gender and disease burden-also helping expedite our path to cures.

I respectfully request you advocate to your colleagues to bring the Senate's medical innovations package including S.849 to the Senate floor and vote YES for this important legislation.

Sincerely,

Your Name and Signature

May 19, 2016 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News

Youth Sports Concussion Act Moves Out of Committee

Legislative News from the Brain Injury Association of America:

The United States Senate Committee on Commerce, Science, and Transportation, chaired by Senator John Thune (R-S.D.) passed the Youth Sports Concussion Act, S. 2508 out of the committee on Wednesday, April 27, 2016. The Youth Sports Concussion Act is sponsored by Senator Tom Udall (D-N.M.) and in the House of Representatives, Reps. Bill Pascrell, Jr. (D-N.J.) and Thomas J. Rooney (R-Fla.), co-chairs of the Congressional Brain Injury Task Force. BIAA thanks Chairman Thune, Ranking Member Nelson (D-Fla.), and Senator Udall for their leadership on moving this important piece of legislation forward.

The Youth Sports Concussion Act expressed the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions and future research in such area for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers.

The bill makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such an item. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth the enforcement authority of the FTC. States may bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. The FTC may intervene and appeal in state actions.

The Youth Sports Concussion Act is an important piece of legislation because it will protect our nation's youth who participate in sports related activities from concussions and other injuries by discouraging false advertising claims regarding protective equipment used in competitive sports.

BIAA and NASHIA recently spearheaded a letter of support to the Senate Commerce Committee to include the Youth Sports Concussion Act in the next executive session. Thirty six organizations signed on in support of moving this important legislation through the committee process.

April 29, 2016 | Permalink | Comments (0)