Brain Injury Lawyer - New York

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.

Virginia Faulted on Care to Brain Injured

A report issued by a Virginia legislative review commission concluded that tens of thousands of people in Virginia with traumatic-brain injuries lack adequate residential facilities, access to therapy, transportation or occupational help. 

Further jeopardizing the already taxed system of brain injury care in Virginia is the prospect of returning veterans with brain damage who will also require care with no plans on how to deal with this growing epidemic. 

Unfortunately, Virginia is not the only State that lacks the proper resources to adequately care for the thousands of individuals who must live with a traumatic brain injury on a daily basis. Most states do not maintain proper statistics on the number of individuals who sustain brain injury in a give year and lack proper support services for brain damaged individuals and their families.  Rehabilitative services in many places are fragmented and not easily accessible.  Most states have improper levels of funding to support brain injury services and most individuals do not receive the services they deserve.

In Virginia, most if not all facilities will not accept Medicaid to pay for residential care.  In fact, the only facility in the state that does accept Medicaid payments for residential care for traumatic brain injury victims will stop accepting these patients later this month.

But, Medicaid funding is not the only issue.  Issues of private insurance and why these health insurers are not paying for brain injury rehabilitation services needs to be addressed.

You can read more about this 130 page report by clicking here.

Unmet Needs of Brain Damage Victims

I was recently appointed as Chairperson of a new committee formed by the New York State Traumatic Brain Injury Services Coordinating Council to examine the obstacles that persons with a brain injury are having in New York State to obtaining needed treatment.

In the last several years  the council has devoted a great deal of attention to services provided through the Medicaid, Traumatic Brain Injury waiver program.  The council realizes that there are many individuals who have sustained brain damage that are not eligible for the waiver and have needs that may not be fully met by the current health care delivery system.  Consequently, this new committee within the council was formed which I was selected to chair.

The council has approved the following letter which has been posted by the New York State Health Department on its health provider network to obtain information that will be helpful in examining this important area.  I ask you to please respond with relevant information.

"Dear Provider, Individual(s) with TBI and Other Interested Parties:

The Traumatic Brain Injury Services Coordinating Council (TBISCC) was formed by act of the New York State Legislature to advise the Department of Health regarding service needs of persons who have sustained a traumatic brain injury.

The TBISCC has examined a number of issues relating to availability and quality of services for individuals with a brain injury.  Recently, the TBISCC has turned its attention to the unmet needs of those who have sustained a traumatic brain injury, particularly to the obstacles to obtaining treatment and assistance through third party payers, such as:

• Benefit Limitations (i.e. they wouldn't pay beyond a certain number of days)
• Medical Necessity (i.e. they didn't think the services were necessary)
• Coverage Limits (i.e. the services needed were not covered)
• Reimbursement Limits (i.e. the plan reimbursement was inadequate to fund the services required)

Third party providers include Worker's Compensation, no fault insurance, health insurance, managed care plans or other insurance plans that provide benefits for medical care and rehabilitation following a brain injury.

We have enclosed a questionnaire which we ask you to complete and return to us concerning problems you may have encountered with third party payers in obtaining brain injury related services.  In addition, we also would welcome your suggestions for improving the delivery of services to persons who have sustained a traumatic brain injury where funds are provided by third party payers.  Please feel free to share the questionnaire with anyone you know who would also like to prove us with input on these issues."

Please return your questionnaire and other information to the Council by written communication at

Traumatic Brain Injury Services Coordinating Council
New York state Department of Health
161 Delaware Avenue
Albany, NY 12054
Attention: Dawn Crary

[You can a questionnaire by requesting one from Dawn Crary or forward your narrative experience directly to her.]

Very truly yours,

Michael V. Kaplen, Esq.
TBISCC Unmet Needs Subcommittee Chairperson
Charles Wolf, TBISCC Chairperson
Judith Avner, Esq. TBISCC, Vice Chairperson

 

Consumer Guide Available to Assist People with Disabilities in Navigating Medicare Part D Coverage

Advancing Independence, a disability-focused policy organization, released today a new guide, Understanding Changes in Prescription Drug Coverage for People with Disabilities on Medicare: A Guide for People with Disabilities, Benefits Counselors, Disability Organizations and Others On Transitioning to the Medicare Part D Prescription Drug Benefit.

While many organizations are developing helpful materials to assist Medicare beneficiaries through this transition, this guide was written specifically to address special concerns of people with disabilities. The guide was written in a question and answer format and includes worksheets that individuals can use in consulting their physicians about current pharmaceutical use and
in comparing and selecting a plan that meets their needs.

Medicare plays a critical role in enhancing the health and independence of nearly 15 million people with disabilities of all ages most of whom rely extensively on prescription medications.
It is essential that they be able to make the best use of the new Medicare prescription drug benefit, said Bob Williams, Principal of Advancing Independence and a co-author of the report.

The report was a collaborative effort between Advancing Independence and the Health Policy Institute at Georgetown University. Free copies of the guide can be obtained in PDF and
HTML formats at http://hpi.georgetown.edu/rxchanges.html.

New York State Traumatic Brain Injury Program Loses Valuable Asset

I was saddened to learn today that the Ronnie Gala has retired from her position as the Bronx and Queens Coordinator for the New York State Traumatic Brain Injury Medicaid Waiver Program.

Ronnie has been the Regional Resource Service Coordinator (RRDS) for the Traumatic Brain Injury Waiver Program since the program's inception in 1994.  Much of the programs success and its ability to repatriate persons with traumatic brain injury from out of state institutions to home based community TBI programs is due to the hard work and persistence of Ronnie.  She has made the quality of life better for persons with mild, moderate and severe brain injury.  Her devotion to victims of coma had led to the development of special coma recovery units in New York and specialized TBI care facilities.  I have had the pleasure of working directly with Ronnie both on behalf of clients that I have represented as well as others who just needed some guidance and assistance.  Ronnie always was able to assist. 

In the course of her career with the Health Department Program she has made an important difference in the lives of persons suffering from traumatic brain injury and their families, not only in the Bronx and Queens, but throughout the City of New York and the State of New York. As the RRDS for Bronx and Queens, she repatriated 90 individuals from out of state nursing homes--the largest number of repatriations of any single RRDS. As Dorothy, in The Wizard of Oz has so wisely stated, "THERE'S NO PLACE, LIKE HOME".

The work and devotion of Ronnie Gala will certainly be missed by all who know her and have benefited from her caring approach to the mission of the New York State Medicaid Waiver Program. (For those not familiar with this program, it allows for medicaid funds and services to be provided to persons who have sustained a traumatic brain injury within the home and community rather then a requirement that they must be institutionalized in facilities such as long term care facilities, nursing homes or brain injury rehabilitation facilities in order to eligible for services. See end of this post for contact information concerning this program)

I am hopeful that Ronnie will continue to work with the Brain Injury Association of New York State, to improve the quality of life for persons with brain injury, their family and friends.

Fondly,

MICHAEL V. KAPLEN, ESQ.
President, Brain Injury Association New York State

[More information on the New York State Traumatic Brain Injury Medicaid Waiver Program can be obtained by contacting the Program Coordinator, Pat Ryan Greene Gumson at the New York State Department of Health, Bureau of Long Term Care Brain Injury Program, Office of Medicaid Management, One Commerce Plaza, Rm 803, Albany, New York 12260  518 474 6580 and by e mailing Pat Gumson.]

Hurricaine Katrina More Disability Information

For case managers, disability attorneys, families and friends concerned with persons with a disability including persons suffering from disability caused by a traumatic brain injury who may have been affected by Hurricane Katrina the following is further information obtained:

Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities

The following information is intended to provide the disability community with information about the federal governments efforts to work with them during this crisis.  Much information is flowing to us; this bulletin is an effort to get some responses back.

Interagency Coordinating Council Forms an Incident Management Team. This Team consists of representatives from several federal agencies. Our goal is to provide an organized and coordinated way to respond to the issues that are being directed to the Council at an overwhelming rate.  This
Team will facilitate timely resolution of these issues, coordinate responses, as well as coordinate with other similar recovery efforts underway at the federal, state and local levels. 

How to Contact the Incident Management Team:  If you want to raise an issue to us, please send an email to: disability.preparedness@dhs.gov.
Someone will be checking that email account regularly, all through the weekends. 

When we receive an issue or concern, we will try to boil it down into a concrete, specific action item.  We will try to prioritize it according to whether it is short-term and urgent need, is focused on the medium-term, or is focused on the long-term.  We will try several avenues for dealing with it, including: Send it to our wonderful contact in FEMA management Send it to one of the federal agencies on the ICC, if that agency is able to resolve the matter Send it to one of several officials within DHS headquarters who have offered to help us solve problems Send it to one of our friends in the disability advocacy community, if the request might be addressed in the private sector rather
than the public sector.   

Please remember that the governments response to this crisis is multi-layered  dont forget to reach out to state officials and local officials on the ground.  Also, do not hesitate to contact others in the
federal government who you think might be helpful (for example, NCD has been very active and effective; they are looped into the ICC, but also have independent avenues for getting things done).  Do not hesitate to pursue multiple options for getting your issue heard and resolved!


FCC Issues Public Notice Reminding Video Program Distributors of the Need to Make Emergency Information Regarding Hurricane Katrina Evacuation and Relief Effort Accessible to Persons with Hearing and Vision Disabilities.

The FCC issued this critical Notice today amid complaints that emergency information being provided over television is not being made accessible to individuals who are deaf or hard of hearing.  The Commission has also received complaints that emergency information that was provided visually was blocked by other information on the screen or that emergency information provided visually blocked closed captioning.  Go to
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2438A1.doc to access this Public Notice online.

Brain Injury Hurricane Victims Must Register for Disability Assistance

YOU MUST REGISTER TO GET HURRICANE DISABILITY ASSISTANCE FROM FEMA

In case you or those you serve haven't gotten this, here are the FEMA registration numbers. Every single hurricane survivor with a disability MUST register to be able to receive the full range of Federal assistance- Registrants MUST make clear that they have a disability or chronic health care need.

1/800-621-FEMA
1/800-462-9029
1/800-462-7585 TDD/TYY
http://www.fema.gov/about/process/  (For on-line registration)

Social Security Information for Hurricane Katrina Victims

SOCIAL SECURITY INFO FOR KATRINA VICTIMS

Go to the website for more links: http://www.socialsecurity.gov/emergency/

Social Security Information for People Affected by Hurricane Katrina The Social Security administration is doing everything it can to ensure that monthly payments get to beneficiaries affected by Hurricane Katrina.

For paper checks The United States Postal Service (USPS) has suspended mail service in some areas damaged by Hurricane Katrina. USPS is establishing temporary mail delivery stations so you can pick up your Social Security check. To find these locations, check the USPS National Mail Service Update page.

To help prevent identity fraud, USPS will ask you for a photo ID.

If you are not able to go to a temporary mail delivery station, you can go to any open Social Security office and request an immediate payment.

For Direct Deposit If you receive your Social Security payment by direct deposit, your Social Security payment is scheduled to be deposited to your account as usual. However, if you experience any difficulty getting your payment, you can go to any open Social Security office and request an immediate payment.

Closed Social Security Offices As of 9/1/05 the following Social Security offices are closed: LouisianaNew Orleans Downtown New Orleans Bywater New Orleans East New Orleans Westbank KennerHammond CovingtonBogalusaNew Orleans Teleservice Center Office of Hearings and Appeals, Metairie Office of Hearings and Appeals, New Orleans Disability Determination Services, New Orleans (Metairie) Mississippi Gulfport (Closed indefinitely) Moss Point (Closed indefinitely)Biloxi (Closed indefinitely) Meridian (No Power) Hattiesburg (No Power) Laurel (No Power) Mississippi Disability Determination Services (should be reopened by Tuesday, September 6, 2005.) Office of Hearings and Appeals, Hattiesburg (No Power)

For more information on the nearest open Social Security office, you can call 1-800-772-1213 (TTY 1-800-325-0778).

Go to the website for Other Useful links: http://www.socialsecurity.gov/emergency/

Important Medicaid and Disability Information to Hurricane Katrina Victims

I  have been asked to forward this important medicaid and disability information to all affected by Hurricane Katrine:

Subject: Collaboration In Focus - Federal And Non-Profit Disability Response To Hurricane Katrina

Saturday, September 3, 2005

Dear Leaders from Private, Non-Profit, and Government Organizations
Nationwide:

In the past, I have been in touch with you regularly regarding some of the latest developments on the disability rights enforcement front from within the Civil Rights Division of the U.S. Department of Justice.  Over
time, I have been in direct communication with many of you on an individual basis as we have worked collaboratively to devise and then execute innovative strategies to benefit members of the disability
community.  As these relationships continue to flourish, so has our ability collectively to move forward in a united way.  Now, in the aftermath of the ravages of Hurricane Katrina, the worst natural disaster in American history, I call upon you to come together once again.

To give you an update on the federal response on the disability front,
since Wednesday, I have been in direct contact with disability leaders in
Louisiana, Mississippi, Alabama, Florida, and Texas to obtain the latest
information from the ground regarding the well-being of individuals with
disabilities in the affected areas so that we from the federal government
may best determine the specific needs of those individuals.  That ultimately led to a regional conference call, convened by the interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities, which took place yesterday afternoon.  Chaired by Daniel W. Sutherland, Director of the Office of Civil Rights and Civil Liberties of the Department of Homeland Security (on behalf of Secretary Michael Chertoff), this call brought together key leaders with top officials from across the federal government who focus particularly on serving people with disabilities.  Hosted by the Office of Disability Employment Policy of the U.S. Department of Labor, the call devoted attention to  identifying the most immediate needs of hurricane victims with disabilities in order to obtain a prompt government response by key
federal agencies to those needs.

One of the most immediate outcomes was an effort by Dr. Margaret
Giannini, Director of the Office on Disability in the U.S. Department of
Health and Human Services, to communicate directly and quickly with Dr. Mark McClellan, Administrator of the Center for Medicaid and Medicare,
regarding the need for Medicaid waivers to be accepted across state lines and to expedite Medicaid claims for individuals with disabilities who were displaced due to the hurricane.  As a result, within a matter of hours, Dr. Giannini announced that there will be Medicaid waivers between the states housing hurricane survivors who were already receiving Medicaid to have their Medicaid accepted in their current location.  In addition, Medicaid claims of new prospective enrollees will be expedited.  If or to whatever extent an official statement is released about Medicaid, I will be sure to forward that information to you.

Meanwhile, Marcie Roth, Executive Director and Chief Executive Officer of the National Spinal Cord Injury Association, organized leaders from
across the disability community and, with the support of Richard Petty of
the Independent Living Resource Utilization Project (ILRU), assembled a
conference call, which also convened yesterday.  It brought together key officials both from within the disability community and within the federal government, to focus particular attention on centralizing information about how disability organizations may provide vital assistance to the relief effort.  Consequently, work groups are being set up to focus on (1) obtaining and channeling financial resources to help people with disabilities and (2) identifying specific ways that individuals and organizations or pledging to provide assistance in the affected areas by way of disability-related expertise, technical assistance, etc.

Below, for your reference, are the following items:

Notes from the Interagency Coordinating Council meeting on Friday, September 2, 2005.

Email from Marcie Roth, seeking to centralize information about
ways in which individuals and organizations are ready and available to
assist people with disabilities in the affected areas.

Modified compillation from Mark Johnson, Director of Advocacy at
the Shepherd Center in Atlanta, regarding immediate ways in which to
assist with disability-related relief efforts.

To learn about the work of the Interagency Coordinating Council on
Emergency Preparedness and Individuals with Disabilities, visit:

http://www.dhs.gov/DisabilityPreparedness.html

In addition, September is National Emergency Preparedness Awareness
Month.  Future email will provide further information about how you, your family, and people with disabilities you serve may best be prepared for the event of an emergency (whether natural or man-made).

As always, please forward this email to all those who may benefit from
receiving it.  Meanwhile, I will continue to keep you posted on the
latest developments from here in Washington.  Thank you for doing
everything you can to help the victims of Hurricane Katrina and for doing your part to prepare for future disasters.  We are all a part of the solution.

Sincerely,

Olegario "Ollie" D. Cantos VII
Special Assistant to the Acting Assistant Attorney
Civil Rights Division
U.S. Department of Justice