Brain and Spine Injury Lawyer & Attorney : Titolo Law Firm : Las Vegas, Nevada

BIAA has strongly endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI. Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.

BIAA encourages you to urge your Senator to sign on as a cosponsor of this important legislation.
The bill would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.
The first pilot program, which would provide for training, certification and compensation for family caregiver personal attendants for veterans and members of the Armed Forces with TBI, is very similar to a provision in last year’s Heroes At Home Act of 2007, which BIAA also strongly endorsed.

The second pilot program would leverage existing partnerships between Veterans Affairs facilities and the nation’s premier universities, training graduate students to provide respite care for families caring for wounded warriors suffering from TBI.

To urge your Senator to become a cosponsor of S. 2921, click here.

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This week marked a major legislative victory for the brain injury community, as President Bush officially signed into law legislation reauthorizing the TBI Act (S. 793) on Monday, April 28! Congratulations to all BIAA state affiliates, advocates, and national stakeholders who helped make TBI Act reauthorization a reality. To view a copy of BIAA’s official press release applauding this major accomplishment, please visit our website at http://www.biausa.org/policyissues.htm.

In other exciting news, BIAA proudly endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI. Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill. A copy of BIAA’s Letter of Endorsement for S. 2921 will be available shortly on our website at http://www.biausa.org/policyissues.htm.

Also this week, a report was released by the Department of Veterans Affairs Inspector General which found that the VA is not providing the necessary standard of support and long-term follow-up assistance needed by veterans with TBI and their families.

In addition, after the House of Representatives passed by a veto-proof margin last week important legislation which would place a moratorium until March 2009 on several harmful Medicaid regulations (H.R. 5613), the fate of the bill was left up to the Senate. Earlier this week, Senate Majority Leader Harry Reid (D-NV) attempted to bring the bill up on the Unanimous Consent Calendar, but this attempt was blocked by Senator Coburn (R-OK). Now there is an effort to get the bill included in the FY 2008 Supplemental Appropriations bill. BIAA continues to strongly endorse H.R. 5613 and supports efforts to include the bill in the FY 2008 Supplemental Appropriations bill.
As a final note, BIAA is waiting to see if Congress will be able to establish a budget this year before sending out its Legislative Action Alert on FY 2009 TBI Appropriations. There is speculation that Congress may indeed be able to achieve a budget agreement in the upcoming next few weeks, and BIAA’s Appropriations Action Alert will be sent out shortly thereafter.

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House Overwhelmingly Passes Bill to Delay Harmful Medicaid Regulations
This week the House of Representatives passed by a veto-proof margin H.R. 5613, important legislation which would place a moratorium until March 2009 on seven harmful Medicaid regulations issued by the Department of Health and Human Services. BIAA issued a Legislative Action Alert earlier this week before the vote encouraging advocates to urge their Representative to vote YES on the bill. The fate of the bill is now up to the Senate.

The legislation, which was originally introduced on March 13, 2008, would delay the implementation of seven harmful Medicaid regulations through March 2009, including several rules which would be especially deleterious to individuals with brain injury.

One of these rules would limit rehabilitation services for Medicaid beneficiaries, severely curtailing the ability of people with disabilities – including TBI – to receive rehabilitation services now covered under Medicaid. Access to these rehabilitative services is essential, as in many cases, these services play a vital role in allowing people with TBI to live independently in the community.
As the House considered and passed H.R. 5613 by a vote of 349-62 on Wednesday, Senate Republican leadership began circulating a letter defending the Medicaid regulations and urging colleagues to reject such legislation in the Senate. According to news sources, this letter forms part of a Republican strategy to demonstrate to supporters of H.R. 5613, through the gathering of a sufficient number of signatures, that they will not be able to override a veto in the Senate.
If enough Senators sign on to the Republican leadership letter, effectively backing up the president’s veto threat, there is speculation that the White House could then offer a limited moratorium on only two of the harmful regulations. Unfortunately, these two regulations are not the ones addressing targeted case management and rehabilitative services, which stand to directly impact individuals with brain injury. (CQ Healthbeat News, April 24, 2008, John Reichard).
Without a moratorium, all seven of the regulations would go into effect by June 30 of this year.
BIAA thanks advocates for contacting their Representatives this week, and will shortly issue another Legislative Alert anticipating Senate action on the bill.

A copy of BIAA’s letter endorsing H.R. 5613 can be obtained by visiting BIAA’s website at the following address: http://www.biausa.org/policyissues.htm.
BIAA Submits Testimony to Senate Appropriations Subcommittee

Also this week, BIAA submitted written testimony to the Senate Appropriations Subcommittee in charge of funding TBI programs within the Department of Health and Human Services and the Department of Education. BIAA’s testimony urges an increase in funding in Fiscal Year 2009 for programs authorized through the TBI Act, as well as TBI research programs conducted within the National Institute on Disability and Rehabilitation Research (NIDRR).

Within the testimony, BIAA requests $30 million in funding for programs authorized through the TBI Act, as well as sufficient funding to sustain and increase medical rehabilitation research within NIDRR. The testimony also urges an allocation of at least $8.3 million to allow NIDRR to continue to fund 16 TBI Model Systems research centers.

 
In addition, BIAA played a leading role, along with other national organizations, in recent weeks in drafting and circulating an organizational sign-on letter in support of FY09 TBI appropriations. The letter, which was signed by over 25 organizations - including several veterans organizations - was recently delivered to both the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education.

Copies of both BIAA’s written testimony and the Organizational Sign-On Letter in support of appropriations for TBI programs can be obtained by visiting BIAA’s website at the following address: http://www.biausa.org/policyissues.htm.

BIAA Roots On Servicemembers at Wounded Warrior Soldier Ride White House Kickoff
A representative of BIAA was invited to attend an event hosted by President George W. Bush on Thursday at the White House. BIAA Government Affairs Director Laura Schiebelhut was proud to be part of the inspiring event, which honored a group of wounded warriors as they kicked off the Wounded Warrior Project’s second annual “Soldier Ride: White House to Light House Challenge.”
Soldier Ride, sponsored by the Wounded Warrior Project, is a rehabilitative cycling program for wounded warriors, including individuals with brain injury. For many of these combat-wounded veterans, Soldier Ride provides the first steps in the return to an active lifestyle.
BIAA Signs On In Support of National Shaken Baby Syndrome Awareness Week Resolution
BIAA was proud to sign on as a supporter of the National Shaken Baby Syndrome Awareness Week Resolution (S. Res. 518), which passed the Senate on Monday. The Resolution, introduced by Senator Dodd (D-CT), dedicates this week (the week of April 21st through 25th) to raise awareness of Shaken Baby Syndrome and to ultimately eliminate its occurrence.
BIAA was included as a supporter of the resolution in Senator Dodd’s floor statement that was submitted to the Congressional Record when it was introduced on Thursday, April 16, 2008.

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After legislation to reauthorize the Traumatic Brain Injury (TBI) Act successfully passed by Congress last week, the bill still needs to be considered by the President for his signature into law. The Brain Injury Association of America (BIAA) anticipates this consideration will occur in the very near future.

This week saw major activity occur on H.R. 5613, legislation recently introduced which would place a moratorium until March 2009 on seven Medicaid regulations issued by the Department of Health and Human Services. On Wednesday, the bill was unanimously approved by the full House Energy and Commerce Committee, setting up a potential veto showdown with the White House. BIAA has strongly endorsed this legislation and submitted an official letter of endorsement to the bill’s sponsors, Rep. Dingell (D-MI) and Rep. Murphy (R-PA), last week.

Also this week, The Rand Corporation published an important comprehensive study of the mental health and cognitive needs of U.S. servicemembers returning from Afghanistan and Iraq. This groundbreaking study - which focuses specifically on the post-deployment health-related needs and economic costs associated with post traumatic stress disorder (PTSD), major depression and TBI - estimates that 320,000 servicemembers may have experienced TBI as a result of recent combat operations.

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Last night, the Senate passed a slightly revised version of S. 793, the Traumatic Brain Injury Act, which exactly matches the House version passed earlier this week. The bill has now been cleared entirely by Congress and will be forwarded on to the President for his signature!!!

Passage of TBI Act reauthorization has been the number one legislative priority of BIAA in 2008, and much behind-the-scenes work with Members of Congress and their staff has occurred in recent weeks and months. In addition, BIAA grassroots advocates played an essential role in moving this legislation and ensuring that Congress passed it THIS YEAR, so a huge THANK YOU to all of you who contacted your Representatives and otherwise worked to ensure the progress of this key legislation.

Since the President has not threatened to veto this bill, BIAA is not asking advocates to contact the President at this time. Instead, BIAA will be asking advocates to craft thank you notes to key legislators in the near future. Of course, if you do feel individually moved to contact the President, you are welcome to do so.

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Nationwide Affiliate Teleconference

Thank you to everyone who participated in the March 18, 2008 teleconference. Susan Connors highlighted BIAA's goals and accomplishments for 2007, and reviewed the priorities for 2008. Affiliates shared new information, resources and program ideas. Minutes from the teleconference are available at: http://www.brain-injury.org/affiliation.htm. Upcoming nationwide teleconferences will be announced in the Flash.

BIAA Accomplishments for 2007 now available

BIAA 2007 goals and accomplishments are available at http://: http://www.brain-injury.org/affiliation.htm
To receive printed brochures of the accomplishments please send an email to cfeller@biausa.org.

Current BIAA Sign -on Letters

BIAA sign on letters are posted to the STAR site at http://www.brain-injury.org/advocacy.htm on weekly basis. Please remember to check the site for weekly updates.

Newman's Own Award

The purpose of the Newman's Own Awards is to recognize and reward volunteer and/or non-profit organizations that improve the quality of life for active duty, Reserve, and Guard military families. Eligible programs can support veterans as part of the proposed benefit, but the focus must be on active duty, Reserve, and Guard.

Sponsored by three organizations (Fisher House Foundation, Newman's Own, and Military Times Media Group), a total of $75,000 is available for innovative plans to improve the quality of life for military families, up to a maximum of $15,000 each.
The proposal must be postmarked faxed or email by May 2, 2008. For more information, contact the Fisher House Foundation:

Telephone: 1-888-294-8560
Email: info@fisherhouse.org
Website: http://www.fisherhouse.org/programs/newmans.shtml

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This is a reminder of the upcoming Las Vegas seminar put on by the BIAA I am presenting at.  For more information click here http://conferences@biausa.org.

The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 will help you discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

THURSDAY, APRIL 3, 2008

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Susan H. Connors

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Gregory J. O'Shanick, MD

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
Timothy R. Titolo, Esq.

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Robert Shepherd

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Dwight D. Murray, Esq.

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
John M. Fitzpatrick, Esq.
E. Dale Adkins, III, Esq.
Philip C. Jacobson, Esq.
Jeffrey Breit, Esq.

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Robert Granacher, Jr, MD, MBA
Dwight D. Murray, Esq.

FRIDAY, APRIL 4, 2008

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Michael V. Kaplen, Esq.

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Philip C. Jacobson, Esq.
Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
David A. Ball, PhD, Esq.
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.

Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.

Plenary Session 4:15pm - 5:00pm
A Survivor's Perspective
Becky Bro, M.Ed., CRC

Register Now

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This just in from Laura with the BIAA.

Recently, the National Institute on Disability and Rehabilitation Research (NIDRR) appears to be deemphasizing medical rehab research, including valuable research related to TBI. BIAA is working as part of a coalition of advocacy groups to send NIDRR a message that resources for medical rehabilitation research (referred to by NIDRR as "health and function" research) needs to be increased, not decreased. We need your help!

In the past six months, NIDRR has eliminated funding for four Rehabilitation Research and Training Centers (RTCs) focused on medical rehabilitation research, including centers focused on neuromuscular research, arthritis, TBI community reintegration, and spinal cord injury. Four additional medical rehab RTCs (stroke, MS, aging with a disability, and psychiatric aspects of disability) have been delayed and NIDRR intends to announce these grants with a greater focus on employment and vocational rehab.

As an advocate for increased TBI services and research, you are encouraged to join NIDRR's national meeting/conference call on NIDRR's long range plan scheduled for Wednesday, March 19th, from 1:00 to 5:00 p.m. and express your views. The toll-free conference call number is (800) 762-6085. An operator will ask if you would like to submit input or just listen to the event. The operator will track the order of the people who want to provide input.

(Note: There are other ways to submit comments as well by the end of March if you cannot make the call. Please contact Laura Schiebelhut, BIAA's Director of Government Affairs, at lschiebelhut@biausa.org, if you have questions.)

We suggest making some or all of the following points:

1. NIDRR has served as the nation’s lead federal agency on rehabilitation and disability research - including valuable research on TBI - and as such has maintained a broad portfolio of research as reflected in its current Long-Range Plan. This research portfolio includes three broad domains designed to enhance the quality of life of persons with disabilities in the areas of employment, community living, and health and function, including medical rehabilitation research.

2. This approach is to be commended as it recognizes the critical interplay between medical rehabilitation research, health and functioning, and the ability to return to school or work where appropriate.

3. A shift in focus at NIDRR away from health and function research is unwise and seriously erodes our nation's ability to solve the important questions that confront people with disabilities in seeking to return to functional and fulfilling lives after the onset of a disabling condition.

4. NIDRR should continue and re-emphasize the importance in its funding priorities of health and function research, including medical rehab research.
Please see the press release below for further information. Thank you.
# # #

FOR IMMEDIATE RELEASE
March 4, 2008
NATIONAL VIDEOCONFERENCE AND WEBCAST TO SOLICIT INPUT ON THE NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH 2010-2014 LONG-RANGE PLAN
The National Institute on Disability and Rehabilitation Research (NIDRR) today announced a national videoconference to solicit remarks regarding NIDRR’s long-range plan for fiscal years 2010-2014. The purpose of the videoconference is to obtain ideas from the public on the content and direction of the new NIDRR long-range plan.
NIDRR, a component of the Office of Special Education and Rehabilitative Services at the US Department of Education, is the major federal agency sponsoring disability research.
Videoconference: The videoconference will take place:
March 19, 2008
1 p.m. to 5 p.m. EST
There are several ways to participate:
• Attend in person at one of the eight sites across the country;
• Access the meeting via webcast; or
• Participate in a toll-free teleconference.
To learn more about locations and methods of participation and how to RSVP, please visit www.neweditions.net/nidrrlrp.
Other Input Opportunities: If you are unable to participate in the videoconference, webcast or teleconference, there are several alternate ways to submit comments through March 31, 2008.
Comments may be submitted via email, using the following address: NIDRR-Maibox@ed.gov
or through the Web, using the following address: www.neweditions.net/nidrrlrp
or by mail:
Donna Nangle
U.S. Department of Education
400 Maryland Avenue, SW
Room 6029
Washington, DC 20202-2700

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Green Valley Ranch Resort is currently sold out for the Brain Injury Litigation Strategies 2008 conference dates. The hotels below are suggested as alternatives. 

Sunset Station

A sister property to Green Valley Ranch Resort, located approximately 12 miles away.

1301 W. Sunset Rd | Henderson, NV 89014

(888) 786-7389

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $69.00

Friday, 4/4/08: $109.00

Saturday, 4/5/08 $109.00

Mandalay Bay

There is a scheduled and capacity limited shuttle between Green Valley Ranch Resort and Mandalay Bay.

3950 Las Vegas Blvd. South | Las Vegas, NV 89119

(877) 632-7800

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $119.00 - $139.00

Friday, 4/4/08: $199.00 - $219.00

Saturday, 4/5/08 $219.00 – 239.00

Homewood Suites by Hilton® Henderson South Las Vegas
10450 South Eastern Avenue
Henderson,  Nevada 89052
1-702-450-1045

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $189.00-$199.00

Friday, 4/4/08: $189.00-$199.00

Saturday, 4/5/08 $189.00-$199.00

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This week was an another extremely eventful one on Capitol Hill, including passage of legislation to reauthorize the TBI Act by the full House Energy and Commerce Committee!
On Tuesday, the House Energy and Commerce Committee's Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 (H.R. 1418) and forwarded it on for consideration by the full Committee.

Yesterday afternoon, the full Energy and Commerce Committee passed the bill, and the legislation is expected to be brought up on suspension for consideration on the House floor when Congress reconvenes after a two-week recess set to begin on Monday, March 17.

Also this week, the Brain Injury Association of America (BIAA) joined the Congressional Brain Injury Task Force, and a variety of other advocacy groups, in successfully conducting Brain Injury Awareness Day on Capitol Hill. The day’s events drew the participation of several Members of Congress and their staff.

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Earlier this evening, the House Energy and Commerce Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 and forwarded it on for consideration by the full Committee. The bill which was passed by the Subcommittee tonight was a slightly amended version of H.R. 1418.
The bill is now ready to be taken up by the full House Energy and Commerce Committee. This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

The Brain Injury Association of America is a strong lobby in Washington, DC for the rights of the Brain Injured.  The BIAAs efforts are to applauded and supported.

The BIAA is sponsoring an educational conference in Las Vegas next month.  To learn more click here.

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Please note the updated logistical information (below) for Brain Injury Awareness Day on Capitol Hill, taking place this Wednesday, March 12, 2008 in Washington, D.C.

In addition, please click on the "Take Action" tab in the upper right hand corner of this email to call your representatives in Congress and urge them to attend at least one of the day's events!

Congressional Brain Injury Awareness Day
Wednesday, March 12, 2008
Capitol Hill – Washington, D.C.

To celebrate March as Brain Injury Awareness Month, the Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Wednesday, March 12, 2008, on Capitol Hill.
SCHEDULE OF EVENTS:

Brain Injury Awareness Fair
10:00 a.m. – 2:00 p.m.

First Floor Foyer of the Rayburn House Office Building

Advocacy Training Session
11:00 a.m. – 12:00 p.m. 1116 Longworth House Office Building

Congressional Briefing on “Traumatic Brain Injury and Community Needs”
3:00 p.m. – 4:00 p.m.
H-137 United States Capitol Building

Congressional Reception Celebrating Brain Injury Awareness Day
5:00 p.m. – 7:00 p.m.
1100 Longworth House Office Building

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Laura Schiebelhut [grassroots@biausa.org] asked me to post this update for all those interested in keeping up on the latest congressional activity.

Brain Injury Awareness Month Fair On Capitol Hill
More Info
The Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Capitol Hill, March 12, 2008.

To celebrate March as Brain Injury Awareness Month, the Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Wednesday, March 12, 2008, on Capitol Hill.

Multiple events are planned, which are designed to educate Members of Congress and their staff about brain injury. These events include an Awareness Day Fair, which will feature exhibits and informational materials from individuals and organizations working in the field of brain injury. The day will also include a Congressional Briefing focused on the topic of "Traumatic Brain Injury and Community Needs." The end of the day will feature an early-evening Congressional Reception sponsored by various national advocacy organizations, including the National Brain Injury Treatment and Training Foundation (NBIRTT), the Brain Injury Association of America (BIAA), the National Disability Rights Network (NDRN) and the National Association of State Head Injury Administrators (NASHIA).

 BIAA invites all advocates to attend "2008 Brain Injury Awareness Day" events, and help educate Members of Congress and their staff. The Day also represents an important opportunity to network with others interested in helping increase brain injury awareness.

2008 Brain Injury Awareness Day Schedule of Events

Brain Injury Awareness Fair
10:00 a.m. – 2:00 p.m.

First Floor Foyer of the Rayburn House Office Building
Congressional Briefing on “Traumatic Brain Injury and Community Needs”
3:00 p.m. – 4:00 p.m.

1116 Longworth House Office Building
Congressional Reception Celebrating Brain Injury Awareness Day
5:00 p.m. – 6:30 p.m.

2105 Rayburn House Office Building

Please RSVP by Monday, March 3, 2008, to Hope Mandel in Congressman Bill Pascrell's office if you wish to attend and/or exhibit materials during the Awareness Fair. You may also contact Hope at (202) 225-5751 or Becky Wolfkiel in Congressman Platts' office at (202) 225-5836 with questions or for more information. In addition, as always, you may contact Laura Schiebelhut, BIAA's Director of Government Affairs, at lschiebelhut@biausa.org, or 703-761-0750 ext. 637, for further clarification.

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Congress held numerous budget and appropriations hearings this week, as well as several hearings addressing health care provided to wounded service members and veterans.

The House Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-Ed) held a hearing on Thursday on this year’s proposed budget for the Department of Health and Human Services, featuring HHS Secretary Michael Leavitt as a witness. At the same time, BIAA signed on this week to a coalition letter to the Subcommittee urging its Members to provide $30 million for TBI Act programs this year.

Also this week, both chambers of Congress held important hearings on efforts to improve health care for returning service members, as well as to improve the veterans’ disability benefits system. BIAA submitted questions and comments in relation to several of the hearings.

A significant victory in Medicaid policy was achieved late this week as well, as a Senate Amendment to prevent implementation of the Administration’s proposed regulation restricting reimbursement for Medicaid Targeted Case Management (TCM) was successfully added to an Indian health bill. The Amendment would establish a Moratorium on implementation of the TCM interim rule until April 1, 2009.

Please note that Congress will be not be in session next week, as both chambers observe a week-long Presidents’ Day Recess.

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Laura Schiebelhut, BIAA Public Affairs Manager asked me to distribute this update:

President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), containing important wounded warrior provisions related to TBI care which BIAA actively lobbied for last year, into law on Monday.

At the same time, negotiations continued over the development of an economic stimulus package, as the House passed its version of the bill, which represents a compromise with the Bush Administration. This House version does not include increases in federal Medicaid payments to states, which BIAA strongly supports. BIAA will continue advocating for the inclusion of provisions to raise Medicaid reimbursement rates to states as Senate negotiations on the package go forward next week.

Looking ahead, President Bush’s Proposed Budget for Fiscal Year 2009 will be delivered to Congress on Monday, February 4. Unfortunately, early reports are that funding for government health programs will be dramatically decreased by more than $2 billion.

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The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 features plenary sessions for all participants followed by separate breakout sessions for plaintiff's attorneys and for defense counsel and claim professionals.

Discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

WEDNESDAY, APRIL 2, 2008
Registration Open 4:00pm - 7:00pm
THURSDAY, APRIL 3, 2008
Registration and Continental Breakfast with Exhibitors 7:30am - 8:30am

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA
Susan H. Connors
Brain Injury Association of America, VA

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
UC Irvine, CA
Timothy R. Titolo, Esq.
Titolo Law Office, NV

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Malone Law Office, GA
Robert Shepherd
MediVisuals, VA

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder & Adkins, MD

Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
Jury Focus, FL
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder, & Adkins, MD
Philip C. Jacobson, Esq.
The Travelers Companies, Inc. MD
Jeffrey Breit, Esq.
Breit, Drescher & Imprevento, VA

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Opening Reception with Exhibitors 5:45pm - 7:15pm
FRIDAY, APRIL 4, 2008

Registration and Continental Breakfast with Exhibitors 7:30am - 8:00am

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Brain Injury Law Center, VA
Michael V. Kaplen, Esq.
DeCaro & Kaplen, NY

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY

Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD
UCLA Brain Injury Research Center, CA

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD
JuryWatch, NC

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Weston, Hurd, Curley, Patterson & Bush, OH

Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Charles G. Monnett, III and Associates, NC
Philip C. Jacobson, Esq.
The Travelers Companies, Inc., MD

Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
Sims, Stakenborg & Henry, FL
David A. Ball, PhD, Esq.
JuryWatch, NC
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO

Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.
Harrell & Harrell, PA, Jacksonville, FL
Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.
Jackson & Campbell, DC

Plenary Session 4:15pm - 5:00pm
Closing Session
Speaker TBD

The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 features plenary sessions for all participants followed by separate breakout sessions for plaintiff's attorneys and for defense counsel and claim professionals.

Discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

WEDNESDAY, APRIL 2, 2008
Registration Open 4:00pm - 7:00pm
THURSDAY, APRIL 3, 2008
Registration and Continental Breakfast with Exhibitors 7:30am - 8:30am

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA
Susan H. Connors
Brain Injury Association of America, VA

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
UC Irvine, CA
Timothy R. Titolo, Esq.
Titolo Law Office, NV

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Malone Law Office, GA
Robert Shepherd
MediVisuals, VA

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder & Adkins, MD

Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
Jury Focus, FL
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder, & Adkins, MD
Philip C. Jacobson, Esq.
The Travelers Companies, Inc. MD
Jeffrey Breit, Esq.
Breit, Drescher & Imprevento, VA

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Opening Reception with Exhibitors 5:45pm - 7:15pm
FRIDAY, APRIL 4, 2008

Registration and Continental Breakfast with Exhibitors 7:30am - 8:00am

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Brain Injury Law Center, VA
Michael V. Kaplen, Esq.
DeCaro & Kaplen, NY

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY

Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD
UCLA Brain Injury Research Center, CA

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD
JuryWatch, NC

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Weston, Hurd, Curley, Patterson & Bush, OH

Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Charles G. Monnett, III and Associates, NC
Philip C. Jacobson, Esq.
The Travelers Companies, Inc., MD

Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
Sims, Stakenborg & Henry, FL
David A. Ball, PhD, Esq.
JuryWatch, NC
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO

Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.
Harrell & Harrell, PA, Jacksonville, FL
Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.
Jackson & Campbell, DC

Plenary Session 4:15pm - 5:00pm
Closing Session
Speaker TBD

The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 features plenary sessions for all participants followed by separate breakout sessions for plaintiff's attorneys and for defense counsel and claim professionals.

Discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

WEDNESDAY, APRIL 2, 2008
Registration Open 4:00pm - 7:00pm
THURSDAY, APRIL 3, 2008
Registration and Continental Breakfast with Exhibitors 7:30am - 8:30am

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA
Susan H. Connors
Brain Injury Association of America, VA

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
UC Irvine, CA
Timothy R. Titolo, Esq.
Titolo Law Office, NV

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Malone Law Office, GA
Robert Shepherd
MediVisuals, VA

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder & Adkins, MD

Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
Jury Focus, FL
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder, & Adkins, MD
Philip C. Jacobson, Esq.
The Travelers Companies, Inc. MD
Jeffrey Breit, Esq.
Breit, Drescher & Imprevento, VA

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Opening Reception with Exhibitors 5:45pm - 7:15pm
FRIDAY, APRIL 4, 2008

Registration and Continental Breakfast with Exhibitors 7:30am - 8:00am

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Brain Injury Law Center, VA
Michael V. Kaplen, Esq.
DeCaro & Kaplen, NY

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY

Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD
UCLA Brain Injury Research Center, CA

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD
JuryWatch, NC

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Weston, Hurd, Curley, Patterson & Bush, OH

Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Charles G. Monnett, III and Associates, NC
Philip C. Jacobson, Esq.
The Travelers Companies, Inc., MD

Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
Sims, Stakenborg & Henry, FL
David A. Ball, PhD, Esq.
JuryWatch, NC
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO

Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.
Harrell & Harrell, PA, Jacksonville, FL
Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.
Jackson & Campbell, DC

Plenary Session 4:15pm - 5:00pm
Closing Session
Speaker TBD

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Congress passed the Fiscal Year 2008 Labor-HHS-Education appropriations bill this week, including some important funding increases for TBI programs, including the HRSA Federal TBI program and the TBI Model Systems of Care program.

The Labor-HHS-Education spending measure will now be sent to President Bush, who has pledged to veto it, because it contains $9.8 billion more than he requested in his budget earlier this year.

BIAA has also been busy on Capitol Hill working on several other issues this past week, including pushing for the inclusion of important TBI provisions in the final defense authorization bill.

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BIAA Issues Legislative Action Alert

The Brain Injury Association of America issued a Legislative Action Alert this week asking advocates to contact their Members of Congress on two important timely issues – “Wounded Warrior” Legislation containing important TBI provisions and SCHIP reauthorization legislation containing important Medicaid provisions related to TBI care.

The first part of the alert encouraged brain injury advocates to contact their Representative to urge conferees to retain the Senate’s Dignified Treatment of Wounded Warriors Act. Earlier this week, the Senate passed its version of the defense authorization bill, including the text of the Dignified Treatment of Wounded Warriors Act, which contains critically important provisions to improve TBI care for returning service members. The House of Representatives passed its defense authorization bill, which does not contain these critical TBI provisions, in May. Conferees have now been appointed, as the House and Senate will work in conference to produce a final version of the legislation to send to President Bush. For more information on BIAA’s position on the Dignified Treatment of Wounded Warriors Act, please visit our website at http://www.biausa.org/policyissues.htm.

The second issue addressed in the alert was the immediate need for advocates to contact their Representative to urge them to vote to override President Bush’s veto of the SCHIP reauthorization bill (H.R. 976). On October 3, 2007, President Bush vetoed legislation to reauthorize and expand the State Children’s Health Insurance Program. This bill includes a six-month moratorium on implementing a federal regulation proposed by the Bush Administration, which would restrict the use of Medicaid’s Rehabilitative Services option. Rehabilitation services provided under the Medicaid Rehabilitative Services option are often vital to individuals with traumatic brain injury to improve and maintain their health and independence.

It is expected that a vote to override the president’s veto will occur on October 18 in the House of Representatives. As the Senate already has sufficient votes for the two-thirds majority required for an override of such a likely veto, the question will largely come down to whether the House of Representatives can garner enough votes to override the veto as well. Currently it appears that there is not enough Republican support in the House for an override.

Note: BIAA has been working as part of the Coalition to Preserve Rehabilitation to prevent implementation of this restrictive rule, and will soon be submitting comments to the Centers for Medicare and Medicaid Services (CMS) voicing strong opposition to proposed regulation. These comments will be posted on BIAA's website shortly.

Appropriations Update

Congress moved one step closer this week to a potential showdown with President Bush over Fiscal Year 2008 spending bills. House and Senate Democratic leaders have reportedly reached a tentative agreement on how much each of the 12 separate appropriations bills should provide, which will allow conference negotiations on final bills to go forward.

None of the 12 spending bills have yet reached the President’s desk. Earlier this year, both chambers of Congress agreed to spend $956.1 billion – or $23 billion more than requested in the President’s Fiscal Year 2008 Budget – but as is normally the case each year, the House and Senate differed in their allocations for most of the individual appropriations bills.

In particular, the House allocated $151.1 billion - $1.9 billion more than the Senate allocation - for the Labor-HHS-Education spending bill (H.R. 3043), (although the Senate version of the bill does contain greater funding for TBI, specifically a 14% increase in funding for TBI Act programs). While the Senate version of the Labor-HHS-Education spending bill is not expected to be considered by the full Senate until after Columbus Day recess, in reality conference negotiations between the two chambers have likely already started, now that a tentative agreement has been reached on a total amount for the bill. It is expected that the Labor-HHS-Education spending bill could be one of the first the Democratic leadership sends to President Bush, in order to draw a clear distinction with the president on spending priorities. President Bush has threatened to veto all of the appropriations bills except for the two that are defense-related (Defense (H.R. 3222) and Military Construction-VA (H.R. 2642)).

New Report Calls for Improved Disability Benefits for War Veterans
A report issued on Wednesday by the Veterans’ Disability Benefits Commission recommended revising the disability rating schedule to better take into account neurological disabilities, including TBI. Specifically, the Commission recommended tackling “post-traumatic stress disorder, other mental disorders and traumatic brain injury expeditiously” when revising the disability rating schedule.

The report called for completing a revision of the current disability rating system within the next five years. In addition, the Commission found that, overall, the current disability benefits structure does not take into account the full impact of service-connected disabilities on veterans’ quality of life, and recommended that Congress provide a 25 percent increase in benefits until a new system is put into place.

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Read the latest legislative update from the Brain Injury Association.

BIAA Legislative Action Alert: Please Act on Both Items As Soon As Possible

1-Wounded Warrior Legislation Containing Important TBI Provisions
Earlier this week, the Senate passed its version of the defense authorization bill, including the text of the Dignified Treatment of Wounded Warriors Act, which contains critically important provisions to improve TBI care for returning service members. The House of Representatives passed its defense authorization bill, which does not contain these critical TBI provisions, in May. Conferees have now been appointed, as the House and Senate will work in conference to produce a final version of the legislation to send to President Bush.

Action Requested: Please contact your Representative today and urge them to sign on to the Congressional Brain Injury Task Force letter urging conferees to retain the Senate’s Dignified Treatment of Wounded Warriors Act provisions in the final version of the defense authorization bill.

2-SCHIP Legislation Containing Important Medicaid Provisions Related to TBI Care
Earlier today, (October 3, 2007) President Bush vetoed legislation to reauthorize and expand the State Children’s Health Insurance Program. This bill includes a six-month moratorium on implementing a federal regulation proposed by the Bush Administration which would restrict the use of Medicaid’s Rehabilitative Services option. Rehabilitation services provided under the Medicaid Rehabilitative Services option are often vital to individuals with traumatic brain injury to improve and maintain their health and independence.

It is expected that a vote to override the president’s veto will occur in the House of Representatives next week or shortly thereafter. As the Senate already has sufficient votes for the two-thirds majority required for an override of such a likely veto, the question will largely come down to whether the House of Representatives can garner enough votes to override the veto as well. Currently it appears that there is not enough Republican support in the House for an override.

Action Requested: Please contact your Representative TODAY and urge them to vote to override President Bush’s veto of the SCHIP reauthorization bill.

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This just in from Laura Schiebelhut [grassroots@biausa.org]:

Congress cleared a bill to provide stopgap funding to continue government operations this week, as none of the annual appropriations bills will be completed in time for the new fiscal year which begins on Monday, October 1.

Also this week, both the House and Senate passed a compromise bill to reauthorize and expand the State Children’s Health Insurance Program (SCHIP). Of particular significance to the brain injury community, this bill includes a six-month moratorium on implementation of a proposed federal regulation to restrict the use of the Medicaid Rehabilitative Services option.

Deliberations continued this week in the Senate on the fiscal 2008 defense authorization bill (H.R. 1585), including the passage of an amendment, supported by BIAA, specifically addressing neuro-optometric care for returning service members with TBI.
_______________________________________________________________________________
Appropriations Update

Congress cleared a bill to provide stopgap funding to continue government operations this week, as none of the annual appropriations bills will be completed in time for the new fiscal year which begins on Monday, October 1. The continuing resolution (CR) passed by Congress this week will fund the government through mid-November, although Senate Majority Leader Harry Reid (D-Nev.) expressed yesterday (Thursday, September 27) that he hopes to send President Bush three fiscal 2008 spending bills within the next few weeks. It is unclear which spending measures these will be and what action the president will take on them, as President Bush has threatened to veto any appropriations bill which provides more funding than he requested in his budget earlier this year. Many insiders agree that an omnibus appropriations bill will likely emerge at some point later this fall.

Senator Reid has specifically indicated that he plans to take up the Labor-HHS-Education spending bill within the next few weeks, likely following the Columbus Day recess, which runs from October 8 to October 12.

BIAA has signed on to a letter spearheaded by The Coalition for American Trauma Care urging House and Senate Appropriations Committee leaders to provide the highest possible funding in a final Labor-HHS-Education conference bill for programs that support trauma care, trauma care research, injury prevention, and TBI-specific programs housed within HRSA and CDC. In its letter, the Coalition urges Congress to support the higher Senate number of $10.091 million for the Traumatic Brain Injury HRSA state grant program, instead of the smaller allocation of $8.910 million proposed by the House of Representatives in its version of the spending bill. Likewise, the Coalition expresses its support of the higher Senate increase for Traumatic Brain Injury activities within the CDC’s National Center for Injury Prevention and Control, which is $1 million over fiscal 2007, versus the more modest House increase of $529,000.

Congress Passes SCHIP Reauthorization, Including Important Medicaid Provisions
Congress passed a compromise bill to reauthorize and expand the State Children’s Health Insurance Program (SCHIP) this week. This bill includes a six-month moratorium on implementing a federal regulation proposed by the Bush Administration which would restrict the use of Medicaid’s Rehabilitative Services option. Rehabilitation services provided under the Medicaid Rehabilitative Services option are often vital to individuals with traumatic brain injury to improve and maintain their health and independence. (Note: BIAA has been working as part of the Coalition to Preserve Rehabilitation to prevent implementation of this restrictive rule, and will soon be submitting comments to the Centers for Medicare and Medicaid Services (CMS) voicing strong opposition to proposed regulation. These comments will be posted on BIAA's website shortly).
Unfortunately, President Bush is expected to veto this SCHIP reauthorization bill. As the Senate already has sufficient votes for the two-thirds majority required for an override of such a likely veto, the question will largely come down to whether the House of Representatives can garner enough votes to override the veto as well. Currently it appears that there is not enough Republican support in the House for an override.

The Senate this week adopted by unanimous consent an amendment to the fiscal 2008 defense authorization bill (H.R. 1585) aimed at closing the gap between traditional optometric care and the non-standard optometric care that is required for returning service members with TBI. The amendment, based on S. 1999, a bill introduced by Sen. Kerry (D-MA) earlier this year, would authorize the establishment of a Center of Excellence in prevention, diagnosis, mitigation, treatment and rehabilitation of military eye injuries. The amendment, supported by the Blinded Veterans Association and BIAA, would create a Military Eye Injury Registry and would also authorize a study on Traumatic Brain Injury Post Traumatic Visual Syndrome. Rep. John Boozman (R-AR) has introduced a companion bill, H.R. 3558, in the House of Representatives.

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