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 Events, Brain Injury Lawyers and Law, Medicare and Medicaid Information

Introduction to Social Security Disability and Supplemental Security Income following a Brain Injury--New Webinar

The Brain Injury Alliance of New Jersey will be hosting a webinar intended to be an introduction to issues surrounding social security eligibility for brain injury victims. ersey

Date: Wednesday, January 14, 2015; 2:00 PM – 3:00 PM EST

The New Jersey Brain Injury Alliance has described the content of this webinar as appropriate for nurses, parents, caregivers, or anyone who has sustained a brain injury.

According to the brain injury alliance, participants will learn:

* A short description of SSDI v. SSI,

* Preparing to Apply – what documentation is needed, specifically for brain injury,

* Submitting your application,

* And navigating the appeals process

 You can obtain further information regarding registration by clicking here.


December 12, 2014 | Permalink | Comments (0) | TrackBack

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

Brain Injury Action Alert: Stop the Medicare Therapy Cap

The Brain Injury Association of America has just issued the following legislative alert that requires action on your part:

Congress has less than 30 days to extend the Medicare therapy cap exceptions process. In order to ensure your voice is heard on Capitol Hill, The Brain Injury Association of America is working with the Therapy Cap Coalition to promote awareness of the December 31st deadline.

TODAY every member of the coalition is activating its grassroots network, and asking its members to email or call their legislators. You can help by calling or emailing your Member and ask them to extend the exceptions process through 2013. Without Congressional action, a hard cap of $1900 will take effect January 1, 2013. It is vital that PROVIDERS AND PATIENTS take action! Flood Congress with emails and telephone calls TODAY!

MESSAGE: • Ask your legislators to extend the Medicare therapy cap exceptions process through 2013. • Emphasize the patient impact of letting a hard cap of $1900 take effect in 2013. For example: o For many people with brain injury, rehabilitation is the single most effective treatment to restore function and arrest. Individuals that sustain a brain injury will need physical therapy, speech therapy and occupational therapy. Since no two brain injuries are the same one can not estimate the amount of therapy every individual will need therefore a cap on therapy will cause individuals to either forgo treatment or pay for it out of their own pockets.

 o Tell Congress that a hard therapy cap disproportionately impacts those patients who need treatment the most. The Brain Injury Association of America is working diligently with Congressional offices on Capitol Hill to develop a solution before year's end but TIME IS RUNNING OUT!

Please take five minutes and contact your legislators NOW. You can make a difference and help prevent a hard Medicare therapy cap of $1,900 from being implemented in 2013. To find your Representative's contact information click here or call 202-224-3121. To contact your Senator's click here or call 202-224-3121. If you have any questions please contact Amy Colberg at the Brain Injury Association of America. 

December 4, 2012 | Permalink | Comments (0) | TrackBack

Current Affairs, Medicare and Medicaid Information

Important Message on Nursing Home and Hospital Care in New York

Stop Nursing Home & Hospital Chains From Taking Over Patient Care In New York State

The NY Senate's budget proposal includes a provision to allow chain ownership of healthcare facilities - including nursing homes and hospitals - in New York State. This would radically change the "business" of healthcare in New York.  The State has long prohibited private equity like publically traded corporations from owning healthcare facilities as a means of protecting New Yorkers from providers whose first priority might be satisfying their shareholders and who could remove assets and operations from the state, thus making them unaccountable for the care they provide to our citizens.

According to a recent report from The Center for Medicare Advocacy  click here:

In 2011, the first-ever analysis of the ten largest for-profit nursing home chains reported that between 2003 and 2008, compared to all other ownership groups, facilities owned by the top ten for-profit chains had:

1.    The lowest staffing levels;

2.    The highest number of deficiencies identified by public regulatory agencies; and

3.    The highest number of deficiencies causing harm or jeopardy to residents.

The Government Accountability Office (GAO) reported in 2011 that nursing facilities acquired between 2004 and 2007 by the top ten private equity firms:

1.    Had more total deficiencies than not-for-profit facilities;

2.    Reported lower total nurse staffing ratios; and

3.    Showed capital-related cost increases and higher profit margins, compared to other facilities.

In 2010, the GAO reported that compared to other nursing facilities, Special Focus Facilities (i.e., those identified by CMS as among the poorest performing facilities nationwide):

1.    Are more likely to be part of a chain and for-profit, compared to other facilities;

2.    Have fewer registered nurses per resident day; and

3.    Are ranked lower on CMS’s Five-Star System.

In short, opening the door for private equity to operate in New York would put New Yorkers at serious risk.  This is not a step that should be taken lightly or slipped into a large budget proposal. Please speak out now to let Governor Cuomo and our Senators and Assembly members know that you are concerned about this issue.  Click here to take action now.

The New York based nursing home and medical malpractice lawyers at De Caro & Kaplen, LLP can assist you in a case against a nursing home for poor care casuing bed sores, falls, medication errors or patient abuse. 

March 25, 2012 | Permalink | Comments (0) | TrackBack

Brain Injury Rehabilitation, Medicare and Medicaid Information

New York State Mental Retardation and Developmental Disability New Information Line-Complaint Line and Web Site

The New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) has established a new information and complaint line as well as a new web site.

The information line is designed to help people get answers to questions about supports and services for individuals with developmental disabilities in New York State.  It is also sued to take complains of alleged misconduct, fraud, waste and abuse in the service system. 

The toll free information line offers assistance in English, Spanish and most other languages.  A significant amount of useful information is also available at their web site.

The telephone number is 1-866- 946- 9733; TTY 1-866-933-4889.  You can also go to the Office of Mental Retardation and Developmental Disability web site

August 1, 2009 | Permalink | Comments (0) | TrackBack

Brain Injury Lawyers and Law, Current Affairs, Medicare and Medicaid Information

Nursing Home Rating Scale

The quality of care rendered in nursing homes has always been of interest to me.  In addition to representing victims of traumatic brain injury, De Caro & Kaplen, LLPalso represents victims of nursing home abuse including patient’s who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes.


While it is important for families to always visit a nursing home before their loved one is admitted and to continue to monitor care once an admission takes place, some further information can now be obtained from a new system that rates nursing home care across the country.


A five star rating system has been established by the Centers for Medicare & Medicaid Services.  This federal agency oversees the quality of care in the nation's nursing homes. You can access the nursing home ratings by clicking the highlighted text.


Hopefully this new information will benefit the public and cause nursing homes that fall below acceptable levels of care to provide more appropriate care to their residents.

December 20, 2008 | Permalink | Comments (0) | TrackBack

Medicare and Medicaid Information

Survey of State Medicaid Waiver Programs

Traumatic brain injury waiver programs that will enable those suffering from brain damage to receive services in a home or community based setting vary greatly from state to state.

MedThe Center for State Health Policy, the Institute for Health, Health Care Policy and Aging Research, Rutgers University has recently published an issue brief, “A Survey of Medicaid Brain Injury Programs” by Leslie Hendrickson, Visiting Professor at Rutgers Center for State Health Policy, and Randall M. Blume of Blume Associates, LLC.

The 116-page paper addresses waivers targeted to individuals with a brain injury.  States that had such waivers were identified and contacted to obtain information about how the state decided to create a waiver program, what the eligibility requirements were to obtain services, what the services were, and other information.

In late 2007, the Center for State Health Policy surveyed 23 states that operate brain injury waivers.  Data was obtained about the cost and number of individuals served by these waivers for the waiver years 2002 through 2006.  Three states began waivers for individuals with brain injuries in
2002 or later, and three other states discontinued waivers in 2006.  Every state except Arizona has multiple Medicaid 1915(c) home and community-based services (HCBS) waivers.  Arizona operates its long-term care system as an
1115 Waiver.

Services provided under the brain injury waivers vary considerably from a single waiver service to extensive arrays of services.  The size of the waivers also varies from 19 individuals to over 3,600 individuals served in a year.

You can read about: traumatic brain injury waiver services

July 7, 2008 | Permalink | Comments (0) | TrackBack

Brain Injury Lawyers and Law, Brain Injury Legislative News, Medicare and Medicaid Information

Medicaid Assistance following a brain injury

One of the most important resources for persons with a brain injury are the health and rehabilitation benefits provided by Medicaid. New York has been the leader in establishing home based care for victims of brain injury through its Medicaid waiver program.  This program will fund services in the community which in the past would only be funded if provided in a nursing home setting. 

The Medicaid  benefits are "needs based" meaning that in order to qualify, your income must be below certain set levels.  These low income levels has made it very difficult for many individual to receive needed assistance.

Medicaid has now raised the Resource Level to $13,050 for a single individual and to $19,200 for a couple on Medicaid.  The increase of the Medicaid resource allowance from $4,350 to $13,050 for a single individual (and from $6,400 to $19,200 for a couple) may make it easier for some individuals and couples to qualify for Medicaid, and to access Medicaid nursing home and home care services including the traumatic brain injury home based waiver program in New York State.

You can obtain more information on the New York State Medicaid Traumatic Brain Injury Waiver program by going to the Brain Injury Waiver web page

June 10, 2008 | Permalink | Comments (0) | TrackBack

Brain Injury Association Information, Brain Injury Legislative News, Brain Injury Veteran Issues, Medicare and Medicaid Information

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.

February 5, 2008 | Permalink | Comments (0) | TrackBack

Brain Injury & Concussions, Brain Injury Association Information, Brain Injury Legislative News, Brain Injury Rehabilitation, Brain Injury Veteran Issues, Medicare and Medicaid Information

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.

September 11, 2007 | Permalink | Comments (0) | TrackBack