Legislative Update September 2010
The Brain Injury Association of America authorizes this update:.jpg)
Appropriations Update
This week Congress weighed the possibility of utilizing a stopgap funding measure to keep much of the government running in the new fiscal year, which starts Oct. 1. However, it is not yet clear if Congress will opt to approve a stand-alone continuing resolution (CR), or to attach the measure to one of the regular spending bills.
BIAA will monitor the situation closely and continue to advocate for increased funding for brain injury programs in Fiscal Year 2011.
Health Care Reform Update
On August 27, 2010, BIAA, as part of the Consortium for Citizens with Disabilities (CCD), submitted comments to the Department of Health and Human Services and the Department of Labor regarding the health care reform law implementation of Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, and Patient Protections, (otherwise known as the Patients’ Bill of Rights).
CCD detailed support of the many patient protections outlined in the proposed regulation and also suggested some language that would strengthen patients’ rights further. For full viewing, a copy of the document can be found on our Web site.
Veterans’ Traumatic Brain Injury Rehabilitative Services Improvements Act
On September 17, 2010, BIAA officially endorsed The Veterans’ Traumatic Brain Injury Rehabilitative Services Improvements Act of 2010 (HR6123) which was introduced by Congressman Tim Walz and includes Congressman Bill Pascrell, Jr., co-chairman of the Congressional Brain Injury Task Force, as a co-signer. The bill ensures wounded warriors suffering from traumatic brain injury (TBI) receive a more comprehensive and holistic rehabilitation plan that is focused not only on physical restoration but also on mental health, independence, and quality of life.
Additionally, the legislation would aid veterans in maintaining the gains they have made in rehabilitation programs by requiring the VA to develop rehabilitation plans that stress restoration and maintenance of functioning rather than simply restoration. Both BIAA and our partners at the Wounded Warrior Project as well as several other veterans’ groups have endorsed the measure and BIAA is advocating for additional co-sponsors and consideration by the Veterans’ Affairs Committee this fall.
ConTACT Act
On September 8, 2010, the House Energy and Commerce Committee, Subcommittee on Health held a field hearing regarding the ConTACT Act (HR 1347) in Newark, NJ entitled “Protecting School-aged Athletes from Sports-related Concussion Injury.” The Brain Injury Association of New Jersey (BIANJ) testified on BIAA’s behalf about their experiences in New Jersey including their proposed state legislation, opinions on how the ConTACT Act could be modified to reflect the current situation in states across the country, and why it is important to continue the push towards protecting student athletes from second impact syndrome.
On September 16, 2010, the Health Subcommittee of the Energy and Commerce Committee voted to approve the ConTACT Act and send it on to full committee consideration. The subcommittee adopted several changes to the legislation suggested by BIAA including ensuring that the measure works in concert with state legislative efforts, providing that any type of cognitive tests, not just computerized tests, be eligible to receive state grants under the baseline testing provision, and encouraging the Department of Health and Human Services (HHS) to work with BIA state affiliates and other relevant organizations during the law’s implementation period.
BIAA continues to work alongside the House Energy and Commerce Committee, the House Education Committee and both Congressman Pascrell and Platts to move the ConTACT Act and its companions through the full committees and on to the House floor. Full Energy and Commerce Committee consideration is expected to take place next week. BIAA will monitor the situation closely and alert grassroots advocates if action becomes necessary.
State Medicaid Funding
In August, Congress approved a $26.1 billion state-aid package (HR 1586) that extends enhanced federal Medicaid funding to states through June, 2011. The enhanced funding was originally authorized by the economic stimulus law and, as a result, bolstered the Federal Medical Assistance Percentage (FMAP) through Dec. 31, 2010.
Because December is halfway through the fiscal year for states and a discontinuation in December would cause serious state budget shortfalls, BIAA, its chartered state affiliates, BIAA’s grassroots network and the National Association of State Head Injury Administrators (NASHIA) advocated strongly to ensure that the enhanced funding would be extended through June, 2011. The extension is a major victory for the brain injury community as Congress struggled for several months to find a way to procure funding offsets in order to approve this measure.
Health Resources and Services Administration (HRSA) Long-term Plan
During the August recess, as a follow up to a meeting held on June 15, 2010, representatives from HRSA and various TBI stakeholders held a teleconference to plan work on a long-term plan for the Federal TBI Program and also to discuss possible changes to the TBI Act come reauthorization in 2012.
HRSA, BIAA and the National Association of State Head Injury Administrators (NASHIA) have begun to assemble an advisory board to work on the long-term plan and to also manage and incorporate public comment and transparency. BIAA is encouraged by the partnership forged between TBI stakeholders and HRSA and is looking forward to elevating the Federal TBI Program within HRSA and to advocating for increased funding for the program by leveraging agency cooperation in program improvement and efficiency on Capitol Hill.
