Brain and Spine Injury Law Blog : Brain and Spine Injury Lawyer & Attorney : Tim Titolo Law Office : Personal Injury & Wrongful Death : Car, Truck, and Motorcycle Accident: Las Vegas, Nevada

What is a Brain Injury Case Worth? Episode 2

Brain injury comes in many shapes and sizes. The proverbial “one size fits all” does not apply. Although there are many similar characteristics with most brain injuries they are not all the same. For instance, brain injury often results in short term memory loss and difficulty processing information. How that emerges between individuals varies but often it is seen at work and in social situations. Often the difficulty requires more energy for processing information and results in fatigue.

Depression is common both from the injury itself and psychologically as a result of the affects of the injury. This is especially true in cases of mild and moderate traumatic brain injury when those around you simply have difficulty believing you are suffering when you look otherwise normal. This adds to the frustration, anxiety and irritability.

If you have been in a traumatic event that caused a concussion and brain injury, you may wonder about the value of the legal case. A legal case value depends on many things other than the injury and its affects. Many people do not understand this. Sometimes an injury can be worse in one case but valued lower than another case with a lesser injury. On the other hand, too often cases with a higher value are settled for less because the person making the evaluation does not understand brain injury. Since traumatic brain injury typically results in difficulty making decisions, it is a good idea to have someone you trust help you find a lawyer.
Finding the right lawyer is critical to getting a proper verdict or settlement. Lawyers have different interests and talents. Long ago lawyers could be general practitioners handling wills, business matters, divorce and criminal matters. Today the law is very specialized. That is, what a lawyer spends most of his time doing is what he is best at. If your lawyer handles one or two brain injury cases a year, he is not a good choice to handle your injury. If your lawyer’s practice is devoted to over 90% brain injury cases, you’ll have a much better outcome.

The first thing to understand is all lawyers are not made the same. And just like other folks, if a lawyer untrained in brain injury does not see an injury on standard diagnostic tests or by simple observation, they are not likely to believe it exists. On the other hand, if your lawyer is versed in how mild and moderate traumatic brain injury affects victims, they will know where to look and how to maximize the value.

Traumatic Brain Injury typically has medical costs associated with care in the past and in the future. Determining what the future costs are likely to be is important in valuing the case. Likewise, past lost earnings from being out of work are simple enough to calculate, but what about the loss of future earning capacity? This is very tricky since a person with brain injury may be able to do a job but staying consistently employed is an entirely different matter. Again, unless your lawyer has extensive experience on how and why a brain injury can cause loss of future earning capacity, she may sell your case short.

There are many other things to consider when hiring a lawyer and that is why you should seek out assistance from someone you trust; your spouse, parent, child, relative, or good friend. You should not simply take the advice of someone who tells you about a lawyer they used in a case. That lawyer may be a very talented divorce lawyer but that is not what you need. Your friend’s lawyer may even be personal injury lawyer, but that does not automatically qualify her as a brain injury specialist. Personal injury lawyers rarely limit their practice and research to traumatic brain injury. You are entitled to hire a lawyer that does.

I wrote an article entitled a Guide to Selecting a Lawyer in a Traumatic Brain Injury Case. I attempt to guide non-lawyers in choosing a qualified lawyer to handle their case. Much of what I propose are simple questions that you have a right to ask. Lawyers who profess skill in handling traumatic brain injury cases typically have blogs they publish. For instance my blog is entitled Brain and Spine Injury Law Blog. You may want to research your lawyer’s web site as well.

With the help of a trusted companion, look up organizations like the Brain Injury Association of America (BIAA), www.biaa.org. Visit their site on the internet or call them and ask for a referral to a lawyer in your particular state. There are organizations whose purpose is to assist victims of brain injury. Consult them rather than simply relying on the recommendation of a friend who may mean well but does not understand the nuances of brain injury.

These organizations will also assist you in getting the right care and treatment in your area. Most hospital emergency rooms do not treat or even diagnose mild or moderate traumatic brain injury, so you will benefit by talking to folks who understand. Other groups include individual State Brain Injury Associations, and the North American Brain Injury Society (NABIS), www.nabis.org.

Not only will these organizations assist you in getting help, they provide literature and videos to help explain what you are experiencing and how treatment can help.
If you or someone you know has suffered traumatic brain injury, please accept my best wishes and prayers for a maximized recovery. I hope something I have shared here will assist you in your journey.

Timothy Titolo copyright 2010
 

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The Brain Injury Association of America posts the following update:

Tell your Senators to Extend Extra Medicaid Funding Through June 2011!

It is important that all grassroots advocates unite to support the extension of the current elevated Federal Medicaid Assistance Percentage (FMAP) that is currently being debated in the Senate and will be very important to states come the end of this year!

Originally, both the House and the Senate acted to extend the extra match through June 2011, the end of the fiscal year for states. However, the offsets that were supposed to pay for this extension went instead to help pay for the health care reform legislation. Without an extension, the money will run out Dec. 31, 2010, and many states will be forced to make drastic cuts to the federal-state program. The 2009 federal stimulus package provided $87 billion to increase the federal share of the program through December (it included a 6.2% increase of the federal medical assistance percentage (FMAP) under Medicaid).

Last week, House Democrats debated HR 4213, the vehicle for this extension and chose to remove the provision extending extra federal Medicaid funding. With states in fiscal peril due to the recession and unemployment, it is vital that the extra federal funding continues in order to keep health care accessible for many brain injury patients and caregivers!
 

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BIAA continues providing updates at the legislative level.

CDC Forms Disability and Health Work Group

 

Largely due to the advocacy of the Disability and Rehabilitation Research Coalition (DRRC), the Centers for Disease Control and Prevention (CDC) has announced that they will form the first Disability and Health Work Group to advance the health of people with disabilities.  With cross-agency representation, the work group will focus on incorporating disability status into CDC surveys, showcasing best practices, and ensuring relevant issues for people with disabilities are reflected in CDC programs and policies.

 

BIAA is pleased that these issues will be elevated within the CDC and will offer any assistance needed to further the group’s efforts.

 

 House Education and Labor Committee Holds Sports and Concussion Hearing

 

On May 20, 2010, The House Education and Labor Committee held a hearing to investigate the impact of concussions on student athletes and their academic performance. BIAA was contacted by the Committee early in the planning stages for general guidance of the issue including expertise regarding appropriate witnesses.

 

In conjunction with the hearing, a Government Accountability Office (GAO) report was released finding that concussions in high school athletes are widely unreported and under-diagnosed suggesting a gross underestimate of the overall national occurrence of concussion in high school sports.

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BIAA reports the following"

BIAA Endorses the Christopher Bryski Student Loan Protection Act

This week, BIAA joined Congressman John Adler in support of a bill that would ensure a method be in place when applying for Federal or Private student loans to designate who will make decisions on your behalf regarding all medical, financial, and legal matters in the event you are catastrophically ill, catastrophically injured, temporarily disabled, permanently disabled or deceased. 

On June 17, 2004, 23 year old Christopher Bryski fell forty five feet to the ground in a recreational accident. He sustained a severe Traumatic Brain Injury and was in a coma for approximately 4 weeks. After emerging from the coma Christopher remained in a persistent vegetative state for almost two years before passing away on July 16, 2006.

At the time of Christopher’s accident, he was in his third year of academic study at Rutgers University and needed to supplement his federal student loans with a private alternative education loan through a private lender, in which his father was a co-signer and is still liable after his death for the amount of the loan.

The bill introduced by Congressman Adler would address this important issue for parents and caregivers in the following ways:

Any private educational lender (i.e Citibank, Wells Fargo, Chase, PNC, etc.) shall:

·         Discuss with the student and the cosigner of the loan the benefits of creating a power of attorney, in the event of the death of incapacity of the student or cosigner

 

·         Define clearly and concisely the obligations of the cosigner, including the effect of death or incapacity of the student or cosigner

 

·         Discuss with the student and the cosigner the benefit of credit insurance in connection with the loan, however the private educational lender may not require credit insurance or deny a loan on the basis that the borrower or any cosigner has not obtained credit insurance

 

·         Gives power to the Federal Reserve to define death or incapacity in conjunction with the Secretary of Education and institute standards regarding the borrower’s or cosigner’s obligation if the borrower or cosigner were to die or become incapacitated

 

·         Federal PLUS Loans and Federal Consolidation Loans:

 

·         Discuss with the prospective borrower the uses and benefits of creating a durable power of attorney in the event of the death or incapacity of the borrower or the student on whose behalf the loan is borrowed by the parent borrower

 

·         Amends Entrance Counseling requirements for Federal Loans:

 

·         Provide information during entrance counseling that describes the loan discharge rules in the case of death of disability, and the possibility that private loans may not be discharged upon death or disability

 

·         Provide information with respect to creating a durable power of attorney and its benefits and uses

 

BIAA applauds Representative Adler for his commitment to this important issue and will continue to monitor the status of the bill and advocate on its behalf.

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The Brain Injury Association of America reports the following legislative update.

CALL THE CAPITOL SWITCHBOARD AT 800-828-0498

Over the past week, you may have seen news reports suggesting that health care reform is in serious jeopardy. WE MUST INSIST THAT CONGRESS COMPLETE HEALTH CARE REFORM NOW!

Too many Americans with disabilities and chronic conditions are not well served by the current system and will make tremendous gains through enactment of health care reform.
Take action NOW! Starting TODAY and continuing until the final votes on legislation, call your members of Congress and tell them NOT TO GIVE UP ON AMERICANS WITH DISABILITIES AND CHRONIC CONDITIONS! TELL THEM THAT YOU WANT THEM TO CONTINUE FIGHTING FOR HEALTH CARE REFORM!!!

•Health care reform will end discrimination based on health status in the private market - discrimination that currently leaves millions of vulnerable Americans uninsured
•Health care reform will include new, affordable voluntary long term care insurance coverage—the CLASS Act—and expand Medicaid coverage for home and community based services
•Health care reform will expand Medicaid eligibility and provide subsidies in the private market, creating more affordable coverage for people with disabilities
•Health care reform will prohibit annual and lifetime limits on coverage so that individuals with serious conditions will not be forced into medical bankruptcy

CALL THE CAPITOL SWITCHBOARD AT 800-828-0498. (If you can't get through on the 800 number, call the Capitol switchboard (202-224-3121) or your member's district office.)

 Tell your Senators and Representatives that NOW is the time for Congress to complete meaningful health care reform that prevents discrimination against people with pre-existing conditions, includes the CLASS Act and expands coverage of Medicaid home and community based services.

 People with disabilities and their families cannot wait any longer for relief!
 

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The BIAA has posted this Health Care Update:

On December 24, 2009, the Senate advanced its version of health care reform, opening the doors for negotiation with the House to reconcile differences between the two bills.
This week, negotiators worked to arrive at an agreement in principle to meld the bills, in the hope that a product be brought to the House floor this month. (CQ)
BIAA continues to fight to preserve several provisions from the House bill that are important for people with brain injury. Specifically, BIAA is working to ensure that insurance rating based on health status or pre-existing conditions and annual or lifetime limits on medical spending are prohibited. Also, BIAA is advocating to keep important consumer protections, including internal and external appeal requirements, provider network adequacy requirements, and greater transparency by insurance companies, in the final product.
 

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The Brain Injury Association of America has long been a leading advocate for victims of brain injury.  I have been fortunate over the past few years to serve on the executive planning committee for the annual Brain Injury Conference in Las Vegas.  The BIAA's mission is to educate.  In that context, the BIAA offers plaintiff and defense lawyers education into the realities and truths of brain injury from both sides of the aisle, so to speak.

The conference is but one tool used by the BIAA in Creating a better future through brain injury prevention, research, education and advocacy.

Founded in 1980, the Brain Injury Association of America (BIAA) is the leading national organization serving and representing individuals, families and professionals who are touched by a life-altering, often devastating, traumatic brain injury (TBI).

Together with its network of more than 40 chartered state affiliates, as well as hundreds of local chapters and support groups across the country, the BIAA provides information, education and support to assist the 3.17 million Americans currently living with traumatic brain injury and their families.
 

 www.BIAA.org 

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 The Brain Injury Association of America's Sarah D'Orsie reports:

Health Care Reform Update

On November 7, 2009, the House of Representatives approved their health care reform overhaul package by a vote of 220-215.  The bill includes the provisions below: (provided by Congressional Quarterly, CQ Today)

Coverage Requirements

Individual Mandate
* Requires nearly all individuals to obtain health care coverage beginning in 2013.
* Permits individuals to keep their current health plan as a "grandfathered" plan.
* Excludes from the mandate those exempt from filing income tax returns and others who receive a hardship waiver.
* Subjects those who do not obtain coverage to a penalty tax of 2.5 percent of adjusted gross income above a   threshold.

Employer Mandate
* Requires employers to offer their employees health care insurance, or make an insurance contribution on their behalf, starting in 2013.
* Exempts firms with payrolls of $500,000 or less.
* Subjects businesses that fail to provide coverage to penalties of up to 8 percent of their payroll.

Purchase of Coverage

Health Insurance Exchange
* Creates a federal exchange, to begin operation in 2013, that would allow individuals and small businesses to purchase health insurance from insurers participating in the exchange.
* Allows states to apply to operate their own state-based health insurance exchanges.

Public Option
* Requires the establishment of a public health insurance option within the insurance exchange by 2013.
* Directs the Health and Human Services Department to run the public option and negotiate with providers to determine rates.
* Requires those rates to be no lower than those under Medicare and no higher than the average for private plans.

Additional Options
* Authorizes loans to entities that want to create health insurance cooperatives.
* Permits states to enter into compacts that allow for the sale of insurance across state lines.

Affordability

Individual Subsidies
* Provides affordability credits to individuals and families with incomes of up to 400 percent of the federal poverty level.
* Requires that subsidies would be used to reduce premiums and out-of-pocket costs.
Small Businesses
* Provides tax credits for certain small businesses that offer health insurance to their employees.

Requirements for Insurance Companies

Pre-Existing Conditions
* Bars insurance companies from denying or reducing coverage based on pre-existing medical conditions, beginning in 2013.
* Restricts how long insurers can continue to limit coverage for pre-existing conditions until the full ban takes effect.
* Prohibits companies from considering domestic violence a pre-existing condition.

Coverage Caps
* Prohibits annual or lifetime coverage limits.

Premiums
* Limits variations on premiums based on the age of the beneficiary to a ratio of 2-to-1.
* Permits variations on premiums based on geography and family size.

Out-of-Pocket Expenses
* Limits annual out-of-pocket expenses to $5,000 for an individual and $10,000 for a family.
* Guarantees no out-of-pocket costs for preventive care.

Essential Benefits Package
* Requires all qualified health benefits plans to provide coverage that meets or exceeds the standards of an "essential benefits package."
* Requires an essential benefits package to, at a minimum, cover hospitalization, outpatient hospital and clinic services, professional services of physicians and other health professionals, prescription drugs, rehabilitative services; mental health and substance use disorder services; preventive services, maternity care, well-baby and well-child care, and medical equipment.
* Establishes a Health Benefits Advisory Committee, chaired by the surgeon general, to make recommendations to HHS regarding the details of covered health benefits included in the essential benefits plan.

Medicare and Medicaid

Medicaid Expansion
* Expands eligibility for Medicaid by allowing enrollment for those making up to 150 percent of the poverty level, beginning in 2013.
* Beginning in 2015, states would pay 9 percent of costs associated with the expanded coverage.
* Requires Medicaid to cover newborns during the first 60 days of life.

Medicare Advantage
* Reduces payments under the Medicare Advantage program over a three-year period beginning in 2011.
* Makes the rates for Medicare Advantage the same as those for traditional fee-for-service Medicare by 2014.
* Provides bonus payments to insurance plans in the program that offer high-quality insurance plans in low-cost areas.

As part of the debate, Congressman Bill Pascrell, Jr., Co-Chairman of the Congressional Brain Injury Task Force, offered a statement including BIAA's guiding principles for health care reform.  Also included in the statement, which can be viewed by clicking on the link below, was language regarding payment initiatives such as the bundling of services. 

http://www.biausa.org/elements/policy/2009/house_cr_statement_bp.pdf  

The statement detailed BIAA's position that "post-acute payment systems must facilitate, not impede, improvements in functional status of individuals with brain injury and their ability to return to their homes and communities. BIAA supports a deliberative planning process and rigorous pilot testing."

Congressman Pascrell has been a true champion in the fight for securing access to care for persons with brain injury during the health care reform debate.  Please take a minute to click on the link below and thank him for his dedication to this important issue:

http://pascrell.house.gov/contact/  

It is also important to note that BIAA's Business and Professional Council was integral in creating the content of BIAA's health care reform guiding principles.

Now that the House has passed its measure, BIAA is monitoring Senate activity closely.  Senate Majority Leader Harry Reid has alluded to Senate action on their leadership bill as soon as next week. 

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The Brain Injury Association of America publishes this information regarding frequently asked questions about Brain Imaging.  I pass this along for my readers.

 Brain Imaging: Understanding the Basics

 Frequently Asked Questions

 1 – What is brain imaging?

 Brain imaging allows scientists and doctors to view and monitor the areas of the brain. Brain images can be produced using structural imaging techniques, commonly MRI (Magnetic Resonance Imaging) and CAT (Computed Axial Tomography), or functional imaging strategies like PET (Positron Emission Tomography) and functional MRI (fMRI). Structural imaging is designed to identify abnormalities such as strokes, bleeding, and tumors, while functional imaging procedures evaluate how the brain is working. Functional imaging techniques can be used to study the brain at rest, or during an activity such as when a person is hearing, seeing, feeling, moving, talking and thinking. These measurements are based on the flow of blood in the brain, and changing levels of oxygen in specific brain regions depending on that flow.

 2 – How is brain imaging used for understanding brain injury?

 In addition to studying the anatomy or structure of injury, studies during the past few years have shown that fMRI and PET scans may be able to capture an image of activity in the brain of an injured patient that is not possible to know or see otherwise. This is particularly important as some brain injuries result in loss of speech and movement.

During a scan, the patient may be asked to listen to familiar voices, or to imagine themselves in different scenes like being at home or playing tennis.

 Learning about the parts of the brain that are activated in such cases may help scientists and doctors have a better understanding of disorders of consciousness that can occur after brain injury, such as the vegetative and minimally conscious states. Repeated brain scans over time may help scientists and doctors better understand the process of recovery and the effectiveness of different rehabilitation techniques.

 3 – Can brain imaging be used to determine whether someone is conscious?

 At present, there are no diagnostic tests capable of detecting whether someone is conscious. Conversely, there are no imaging tests that can determine if someone is unconscious. Specialized rating scales and brain imaging techniques have been developed to investigate the likelihood that someone is consciously processing information, but neither of these approaches provides definitive evidence of consciousness or unconsciousness. Despite their limitations, doctors currently rely on bedside examination findings to diagnose disorders of consciousness.

 4 – What have we learned so far?

 In the few studies conducted to date, scientists have found that patterns of brain activation in patients in minimally conscious states can look similar to those of non-injured people when responding to language and other types of stimulation. In the future, the results of these studies may help improve diagnostic and prognostic accuracy.

 5 – Should I enroll my family member in a brain imaging study?

You should find out what is involved with a brain imaging study before acting as the decision-maker to enroll someone, such as your family member, by talking to your doctor and the scientist requesting your consent. Most studies pose minimal risk to the patient and the participation of your loved one can add important knowledge to the understanding of disorders of consciousness. It is critical to stress that, at the present time, these studies are entirely experimental. Therefore, you cannot expect to learn new information about the person’s condition, or to use the information in decision-making about next steps for his or her care.

 6 – What should I expect of future research?

 As new knowledge is gained every day about how the brain works, you can expect ever-improving diagnosis of and treatment for brain injury. The choice to participate in research is yours or another designate on behalf of another individual. Make the choice based by thinking about whether the person would have volunteered. Carefully assess the desire to contribute to science, the acceptability of participation to your family and others important to the person in question, and have a clear appreciation that whatever is learned from the study will have limited, if any benefit for you or your family member.

Written by:

Dr. Judy Illes and Patricia Lau, The University of British Columbia, Vancouver, British Columbia

Dr. Joseph T. Giacino, JFK Johnson Rehabilitation Institute, New Jersey

Acknowledgements:

The Greenwall Foundation, Dr. Joseph J. Fins (Weill Cornell Medical College), Dr. Emily Murphy (Stanford University), and members of the Ethics, Neuroimaging, and Limited States of Consciousness Workshop, Stanford University June 2007.

 

©2008 The University of British Columbia

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Sarah D'Orsie of the Brain Injury Association of America provides the following update:

Brain Injury Association of America
Policy Corner E-Newsletter -- July 10, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Appropriations Update
Health Care Reform Update
Fiscal Year 2010 Defense Authorization
_____________________________________________________________________

The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
_____________________________________________________________________
Appropriations Update

Today, July 10, 2009, the House Appropriations Subcommittee on Labor, Health and Human Services and Education will begin considering the Fiscal Year 2010 spending bill that will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

BIAA and other stakeholders authored a letter that was circulated today on Capitol Hill urging increased funding for TBI programs. Specifically:

• $11 million for the Centers for Disease Control and Prevention TBI Registries and Surveillance, Prevention and National Public Education/Awareness
• $20 million for the Health Resources and Services Administration (HRSA) Federal TBI State Grant Program
• $6 million for the HRSA Federal TBI Protection & Advocacy (P&A) Systems Grant Program
• 13.3 million for NIDRR's TBI Model Systems of Care Program
For further reading, a copy of the letter can be found on our web site by clicking on the following link:

http://www.biausa.org/elements/policy/2009/tbi_act_appropriations_2010_support_letter.pdf

If you would like to take action and encourage your Congressman to support increased funding for TBI programs, click on the link below to be directed to our legislative action center!

http://capwiz.com/bia/home/

BIAA will continue to monitor the Appropriations proceedings and alert grassroots advocates to take action when needed.
Health Care Reform Update

This week the Senate Health, Education, Labor and Pensions Committee has been continuing to consider its version of the health care overhaul, while the Finance Committee has yet to begin formal markups, but continues to discuss policy behind closed doors.

In the House, The chairmen of the Energy and Commerce, Education and Labor, and Ways and Means Committees are working on a final draft of a bill that could be released at any time. The House committees plan to mark up the legislation next week.

On July 2, 2009, BIAA circulated comments to the House Committees of Jurisdiction applauding their "efforts to design health care reform that will improve the accessibility, quality, effectiveness, and efficiency of patient care."

More specifically, the comments expressed BIAA's support of the protections and standards for qualified health plans included in the draft, such as no imposition of pre-existing condition exclusions, guaranteed access to essential benefits (including rehabilitation services), guaranteed issue and renewal, adequacy of provider networks, limits on cost sharing, no annual or lifetime limits on coverage, and consumer protections.

To see a full copy of the comments, click on the following link:

http://www.biausa.org/elements/policy/2009/biaa_house_tri_committee_health_reform_comments.pdf

BIAA will continue to follow the health care reform considerations carefully and advocate on behalf of the brain injury community.
Fiscal Year 2010 Defense Authorization

Next week the 2010 Defense Authorization bill is expected to dominate debate on the Senate floor. The bill was reported as an original bill by the Senate Armed Services Committee on June 2, 2009.

It is important to note that BIAA's cognitive rehabilitation position paper (http://www.biausa.org/elements/media/biaa_cog_rehab_position_statement_2007.pdf) was referenced in the official Committee Report that was released last week as saying, "The committee notes that the Brain Injury Association of America has recognized the benefits of cognitive rehabilitation therapy for brain injuries, and that there is a growing body of scientific evidence to support its efficacy."

BIAA will continue to watch the bill as it is considered next week and advocate for the inclusion of cognitive rehabilitation within TRICARE coverage for returning service members.

 

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The BIAA keeps us apprised of the latest legislation:

Health Care Reform Update

Lawmakers are now developing policy options that could become part of the national health care reform, but currently no legislation has been introduced and there are no specific bills to support or oppose. In anticipation of both proposed and final legislation, BIAA has adopted five guiding principles (below) designed to aid Congress in drafting language that would increase access to treatment for individuals with brain injury.

Guiding Principles:

1. Recognize brain injury is a disease.
2. Focus on medical necessity.
3. Provide access to the full treatment continuum.
4. Use accredited programs, interdisciplinary team of qualified/specialized clinicians, and appropriate treatment settings based on patient and family choices and aspirations.
5. Hold private insurers accountable for the premiums they collect; avoid Medicare/Medicaid as first option for coverage.

These principles are explained in a Brain Injury Health Care Pledge that can be signed and supported by members of congress who want to make sure that the unique needs of those with brain injury are addressed in the final health care plan. Our goal is to encourage all Representatives and Senators to sign this pledge to raise awareness and understanding of how proposed policies could impact people with brain injury, family members, researchers and clinicians.

On May 6, 2009, BIAA circulated an action alert that included the pledge in the body of the message advocates send to their Representatives and Senators. If you haven't taken action by asking your members of congress to support the pledge, you may still do so by clicking on the following link:

http://capwiz.com/bia/home/

BIAA's full position paper explaining each guiding principle, an executive summary, and a detailed article from The Challenge! regarding our positions on health care reform can also be found on our website by clicking on the link below.

http://www.biausa.org/policyissues.htm#library

In support of BIAA's health care reform campaign, BIAA leaders and staff participated in several high level meetings in the House, Senate, and the White House to encourage support for these principles.

BIAA gained the support of the Co-Chairmen of the Congressional Brain Injury Task Force (Rep. Pascrell, Rep. Platts), who circulated a letter to their House of Representatives colleagues encouraging them to sign the Brain Injury pledge. BIAA will continue to reach out to members of both the House and the Senate to secure brain injury treatment in health care reform proposals.

Appropriations Update

President's FY10 Budget Proposal Released

TBI Act, Department of Health and Human Services

The White House proposes to sustain funding for 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. The President's plan proposes $10 million be allocated to HRSA, the same amount designated in FY09.

For the past three years, President Bush had proposed to eliminate the HRSA TBI Program funding in his budgets. BIAA applauds President Obama's decision to preserve this program, although still underfunded, so that we can continue to address the huge public health problem of traumatic brain injury

NIDRR, Department of Education

The President's budget proposal slates a $3 million increase for the National Institute on Disability and Rehabilitation Research (NIDDR), going from $108 million in FY09 to $111 million in FY10. Although BIAA is thrilled about this increase, we will continue to advocate for increased funding for the TBI Model Systems of Care as the appropriations process advances this summer.

BIAA submits FY10 testimony to both the House and Senate Appropriations Committees

This week, BIAA submitted testimony to the House and Senate Appropriations Committees, Subcommittees on Labor, Health and Human Services, Education and Related Agencies.

http://www.biausa.org/policyissues.htm#testimony

The testimony detailed the importance of appropriating $37 million to preserve and advance TBI Act Programs, as well as the need to designate $13.3 to sustain and bolster health and function research -- including the TBI Model Systems of Care, Rehabilitation, Research & Training Centers; and field-initiated investigations---within the National Institute on Disability and Rehabilitation Research (NIDRR).

NIDDR Releases notice of proposed priorities for RRTCs and RERCs

This week the Assistant Secretary for Special Education and Rehabilitative Services under the Department of Education proposed funding priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice proposes four priorities for the Rehabilitation Research and Training Centers (RRTCs) and three priorities for the Rehabilitation Engineering Research Centers (RERCs).

Notably, the proposed priorities for RRTCs include "Developing Strategies to Foster Community Integration and Participation (CIP) for Individuals with Traumatic Brain Injury." The goal of this priority is to develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

This classification system can be used to link the post-rehabilitation consequences of TBI with CIP-oriented interventions. Such a classification will allow practitioners and researchers to better match individuals with TBI with specific interventions, and to better characterize their study samples.

BIAA applauds the Assistant Secretary for proposing this priority and will continue to advocate in its favor.

BIAA endorses the Heroes at Home Act of 2009

This week, BIAA submitted a letter to the House Veteran's Affairs Committee, Subcommittee on Health urging consideration of the Heroes at Home Act of 2009 (HR 667). The bill would significantly improve support for family caregivers of returning service members with TBI and acknowledge the critical role played by family caregivers in facilitating recovery from brain injury and the pressing need for training, certification and financial compensation of caregivers.

BIAA will continue to advocate for the swift passage of this bill as the 111th Congress progresses. The legislation currently has 36 cosponsors.

BIAA submits letter of endorsement for the Concussion Treatment and Care Tools Act of 2009 (conTACT)

BIAA submitted a letter to the House Energy and Commerce Committee encouraging swift passage of the conTACT Act of 2009 (HR 1347), applauding the bill's proposal to provide grants to states to ensure that elementary and secondary schools implement concussion management guidelines by funding computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

BIAA will continue to track the progress of this measure and will advocate on its behalf.

BIAA Urges Cosponsorship of the National Neurotechnology Initiative Act

On April 22, 2009, BIAA circulated an action alert targeting House Members to cosponsor the National Neurotechnology Initiative Act of 2009 (HR 1483). The bill would promote discoveries and accelerate the development of new and safer treatments for brain-related illness, injury and disease.

The action alert message also details the need to initiate much-needed coordination among federal agencies with respect to research, while adding efficiency in the regulatory approval processes that would shorten development times and lead to more and better treatments for TBI and other neurological conditions.

You can still access this alert and take action by clicking on the link below!

http://capwiz.com/bia/issues/alert/?alertid=13209766
 

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Susan Connors, president  of the BIAA, asked me to post this message.

On behalf of the Brain Injury Association of America, I am thrilled to announce that yesterday a group of United States Senators, led by Evan Bayh (D-IN) and Barack Obama (D-IL), sent a letter to Defense Secretary Robert M. Gates calling on him to enact official coverage of cognitive rehabilitation within the military's TRICARE health insurance program.

BIAA worked closely with Senator Bayh's office to initiate the development of this letter and to urge the support of ten highly esteemed Senators who signed on in support of this important effort to increase access to timely, state-of-the-art care for returning servicemembers with traumatic brain injury. A copy of the letter is available from BIAA's website, along with talking points in support of TRICARE coverage of cognitive rehabilitation and a summary of the efficacy evidence. Additionally, on our website you will find BIAA's position statement, Cognitive Rehabilitation: The Evidence, Funding and Case for Advocacy, published in November 2006.

BIAA thanks Senators Bayh and Obama for their leadership on this issue and looks forward to continuing to work with Congress and the Department of Defense to make TRICARE coverage of cognitive rehabilitation a reality. We gratefully acknowledge the members of BIAA's Federal Legislative Advisory Committee who dedicated their time and expertise on behalf of this effort: Drs. Mark Ashley, Wayne Gordon, Debbie McMorrow, Greg O'Shanick, Jim Schraa, and Tina Trudel.

In addition, BIAA expresses special appreciation to Drs. Keith Cicerone and Wayne Gordon for assistance in identifying the evidence supporting cognitive rehabilitation and to the Cognitive Rehabilitation Task Force of the American Congress of Rehabilitation Medicine's Brain Injury Interdisciplinary Special Interest Group. Last, but certainly not least, I wish to recognize Laura Schiebelhut, BIAA's Director of Government Affairs, for her hard work and perseverance on this issue. She has my heartfelt gratitude and deepest respect.

BIAA is dedicated to educating the nation's policymakers about the value of cognitive and other brain injury rehabilitation therapies and the dire need to increase access to these therapies across both civilian and military populations. We will keep you informed of our progress.

Thank you for your support.

Susan H. Connors, President/CEO

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Urge Presidential Candidates to Participate In the 2008 Fort Hood Presidential Town Hall!
Take Action!

Town Hall Would Facilitate Discussion of Issues Facing America’s Military and Veteran Community, Including Traumatic Brain Injury

The Brain Injury Association of America (BIAA) recently joined a consortium of non-profit organizations dedicated to serving active military, veterans, their families and their survivors, in inviting the Republican and Democratic presidential candidates to Fort Hood, Texas, for an in-depth discussion of the increasingly complex issues facing America's military and veteran community. The CBS television network has agreed to produce and broadcast the very important Town Hall meeting in prime time on Monday, August 11, 2008.

As of July 17, 2008, the Republican presidential candidate, Senator John McCain (R-AZ) has agreed to participate in the Town Hall, but the Democratic presidential candidate, Senator Barack Obama (D-IL) has not agreed to attend the event.

BIAA is a non-partisan organization dedicated to improving the lives of all individuals with brain injuries and their families. During this presidential campaign, BIAA strongly advocates for an open, transparent discussion of public policy issues related to traumatic brain injury (TBI) among both returning service members and civilians. BIAA believes the 2008 Fort Hood Presidential Town Hall represents a tremendous opportunity to facilitate this discussion in regards to returning service members.

Fort Hood is the largest U.S. military installation in the world. As a result, it has deployed, and continues to deploy, the most soldiers to Iraq and Afghanistan as part of our continuing global war on terror. Consequently, BIAA cannot imagine a more appropriate audience—or a more compelling location—for such a discussion concerning the health care needs of returning service members, including TBI.

1) To send a message urging Sen. Obama to participate in 2008 Fort Hood Presidential Town Hall, please click on the “Take Action” link in the upper right-hand corner of this email.
Similarly, BIAA also strongly advocates for the participation of both presidential candidates in the National Forum on Disability Issues, set to occur on July 26, 2008 in Columbus, Ohio. This Forum would allow the presidential candidates to individually present their visions for the future of disability policy in America followed by questions by Judy Woodruff, news anchor and journalist ("The News Hour with Jim Lehrer"), who will act as the Moderator. As of July 17, 2008, Senator McCain has agreed to participate in the entire forum, via satellite. Senator Obama's campaign team has yet to commit and is offering a representative instead.
2) To send a message urging Sen. Obama to participate in the National Forum on Disability Issues, please visit the following link:

http://capwiz.com/rochestercdr/utr/1/GZKLIYSYCB/IBJKIYTLAF/2206694631

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Laura Schiebelhut of the BIAA asked me to distribute this legislative update:

Brain Injury Association of America
Policy Corner E-Newsletter – July 18, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Numerous developments related to brain injury policy and advocacy efforts occurred this week in the nation’s capital.

In a welcome development on Tuesday, Congress successfully overrode the president’s veto of key Medicare legislation (H.R. 6331). The bill, which will now become law, prevents deep cuts in Medicare payment rates to physicians. It also contains important delays in the implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), and a critically important extension of the Medicare outpatient therapy cap exceptions process.

Thank you to all of the advocates who responded to BIAA’s Legislative Action Alert last week urging Senators to override a veto by President Bush!!!

Also this week, although appropriations activity remains stalled in the House, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction and Veterans Affairs spending bill, containing funding for TBI research as well as valuable report language related to TBI care for veterans.

In addition this week, on Thursday BIAA issued a Legislative Action Alert to urge both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Forth Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to be televised by CBS on August 11, 2008. If you have not already, please take action TODAY by visiting http://capwiz.com/bia/issues/alert/?alertid=11644406.

In other news, on Wednesday, a BIAA representative attended a Capitol Hill briefing, organized by Rep. Bill Pascrell, the founder and co-Chairman of the Congressional Brain Injury Task Force, on exciting new developments in TBI research. At the briefing, experts from the Cleveland Clinic discussed revolutionary new research efforts in the field of regenerative medicine to develop new treatments and therapies for TBI.

In addition, this week the Army issued new guidelines for TBI care, including a new requirement for all soldiers who experience dizziness or loss of consciousness from a blast, fall, collision or other direct impact incident to receive immediate medical assistance. These new guidelines can be accessed online at http://www.pdhealth.mil/TBI.asp.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org 

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

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Laura Shiebelhut asked me to forward this Legislative Update. Brain Injury Association of America
Policy Corner E-Newsletter – June 27, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Legislative activity related to traumatic brain injury policy ensued on numerous fronts this week, as Congress made progress on several bills before leaving town for a week-long July 4 recess beginning on Monday.

Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.

Meanwhile – on the other side of the Capitol - as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs. Unfortunately, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. The fate of all House appropriations bills are now uncertain.

Progress on several important bills not related to appropriations also took place this week. On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act. BIAA has strongly supported and endorsed this legislation, which was recently introduced by Sen. Clinton (D-NY), and would strengthen supports for family caregivers of returning servicemembers with TBI.

On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
Also this week, the Senate approved a compromise version of the war supplemental funding bill, readying the legislation for president’s expected signature. This legislation contained a moratorium – strongly supported by BIAA - on the implementation of several harmful Medicaid regulations.

Finally, the House and Senate were unable to agree on a final Medicare package, which would have prevented deep cuts beginning on July 1 in Medicare payment rates for physicians. Negotiations on such a package are expected to continue when Congress resumes session on Monday, July 7.

__________________________________________________________________
Labor-HHS-Education Appropriations Bill Advances in Senate; Stalls in House
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.

The Senate’s markup provided the same funding amounts for several TBI programs as last year, including $5.7 million for TBI programming within the Centers for Disease Control and Prevention (CDC) and $8.754 million for the HRSA TBI State Grant Program.

Meanwhile, on the other side of the Capitol, as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs compared to last year. The House Subcommittee markup includes $11 million for the HRSA TBI State Grant Program (+$2.246 million over last year) and $6.6 million for TBI programming within CDC (+$0.9 million over last year).

Unfortunately, though, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. In fact, partisan vitriol reached such a high level during the attempted House markup of the Labor-HHS-Education funding bill that Rep. Obey (D-WI), Chairman of the House Appropriations Committee, threatened not to allow any further progress to occur this year on House appropriations bills. Stay tuned.

Senate Veterans Affairs Committee Approves Caring for Wounded Warrior Act Provisions
On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act, S. 2921. BIAA has strongly supported and endorsed this legislation, and several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.

Provisions in the legislation, which was recently introduced by Sen. Clinton (D-NY), would strengthen supports for family caregivers of returning servicemembers with TBI. Specifically, provisions 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.

A quote from BIAA President and CEO Susan H. Connors was included in Sen. Clinton’s press release announcing passage of the bill’s provisions:
“Traumatic brain injury not only affects individuals but entire families as well. The Brain Injury Association of America applauds Senator Clinton and Members of the Senate Veterans Affairs Committee for their leadership in passing this legislation, which compassionately and responsibly provides much-needed supports to family caregivers of servicemembers with TBI,” said Susan H. Connors, President and CEO of BIAA.

BIAA will continue to monitor the progress of this important bill, and thanks advocates for urging their Members of Congress to become cosponsors of this legislation.
House Passes ADA Amendments Act of 2008 By Wide Margin

On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.

The ADA Amendments Act of 2008 is the product of meaningful negotiations and discussions with experts in the disability community, business and employer groups, Members of Congress, and congressional staff. The measure prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. The bill also affords broad coverage for individuals “regarded as” having a disability under the ADA.

A copy of BIAA’s endorsement letter, which was circulated to all Members of the House of Representatives prior to the vote this week, is available at http://www.biausa.org/policyissues.htm.

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The Brain Injury Association of America appreciates me passing this latest legislative news on to my readers.

Brain Injury Association of America

Policy Corner E-Newsletter – June 6, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Congress returned from a week-long Memorial Day recess this week, and proceeded to successfully pass a fiscal 2009 budget resolution (S. Con Res 70).

Also this week, BIAA joined coalition efforts focused on several important policy issues impacting the disability community, including efforts to protect Medicaid, strengthen the Americans with Disabilities Act, and formally comment on recently proposed rules concerning the Developmental Disabilities Act.

In other developments, the Senate passed by voice vote on Tuesday a package of veterans’ mental health bills. This package included legislation endorsed by BIAA which authorizes the establishment of six VA Epilepsy Centers of Excellence (Epilepsy CoEs) across the country to lead the way in epilepsy diagnosis, research, treatment and surgery. The House Veterans Affairs Health Subcommittee passed an amended version of the bill’s companion in the House, H.R. 2818, on Thursday.

SPECIAL LEGISLATIVE ACTION ALERT: BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations two weeks ago. Now that Congress has successfully passed a final budget resolution, BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action:

http://www.biausa.org/policyissues.htm

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637;  lschiebelhut@biausa.org

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
Congress Passes Fiscal 2009 Budget Resolution

The House of Representatives passed the final fiscal 2009 budget resolution conference report (S. Con Res 70) on Thursday, by a narrow vote of 214-210. The Senate adopted the same resolution on June 4 by a vote of 48-45.

This marks the first year since 2000 that Congress has been able to successfully agree upon a final budget resolution. Congressional budget resolutions do not become law but rather serve as a blueprint, setting the parameters for spending and tax bills throughout the year.

Final passage of this year’s budget resolution facilitates the establishment of official funding (“302b”) allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act. Once 302b Subcommittee allocations have been determined, the fiscal 2009 appropriations process can officially go forward with committee markups and other official action.

BIAA recently signed on to a coalition letter urging Appropriations Committee Chairs in both chambers to allocate an additional $15 billion over last year’s funding levels for the Labor-HHS-Education Subcommittees.

According to CQ Today, “The Democrats’ budget resolution calls for $24.5 billion more in discretionary spending than the $991.6 billion President Bush requested. Bush has threatened to veto bills that exceed his target, but Democrats may wait for him to leave office before completing work on these bills. The Appropriations committees will begin work this month, with the first House subcommittee markups next week” (David Clarke, CQ Today, 6/5/2008).

SPECIAL LEGISLATIVE ACTION ALERT: BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations two weeks ago. Now that Congress has successfully passed a final budget resolution, BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action:

http://capwiz.com/bia/issues/alert/?alertid=11411806.

Also this week, BIAA joined coalition efforts focused on several important policy issues impacting the disability community, including efforts to protect Medicaid, strengthen the Americans with Disabilities Act (ADA), and formally comment on recently proposed rules concerning the Developmental Disabilities Act.

BIAA joined other advocacy organizations in signing on to one more letter urging Senate and House Democratic leadership to ensure that a comprehensive moratorium on seven harmful proposed Medicaid rules remains part of any supplemental war spending bill that is sent to the President. BIAA continues to strongly support the moratorium, as implementation of these proposed Medicaid rules would, among other harmful effects, restrict important access to rehabilitation services for many individuals with brain injury.

BIAA also signed on this week in support of a proposed deal on the ADA Restoration Act (ADARA) which has emerged in recent days. The drafted legislative language of this proposed deal on ADARA is aimed at restoring the intent and protections of the Americans with Disabilities Act of 1990, and is supported by numerous other disability advocacy organizations, including the American Association of People with Disabilities and the National Disability Rights Network. BIAA will continue to monitor developments as this legislation progresses.

In addition, BIAA signed on to joint comments of the Consortium for Citizens with Disabilities in response to proposed rules related to the Developmental Disabilities Act. The Comment Letter expresses several concerns regarding the proposed rules, including concern that these regulations were only recently published on April 10, 2008 – almost seven years after the 2000 Developmental Disabilities reauthorization bill mandated publication of these rules, and right in the middle of ongoing efforts to work on the 2008-2009 reauthorization.

Bill to Create VA Epilepsy Centers Progresses in Both Chambers

In other developments, the Senate passed by voice vote on Tuesday a package of veterans’ mental health bills. This package included legislation endorsed by BIAA which authorizes the establishment of six VA Epilepsy Centers of Excellence (Epilepsy CoEs) across the country to lead the way in epilepsy diagnosis, research, treatment and surgery. The House Veterans Affairs Health Subcommittee passed an amended version of the bill’s companion in the House, H.R. 2818, on Thursday.

The full House Veterans Affairs Committee is expected to approve the bill and report it to the floor of the House of Representatives before the end of the month.
In April, BIAA formally endorsed the legislation in a letter stating, “BIAA continues to advocate for the use of all available resources (including civilian sector resources when appropriate), as well as the development of new resources and system capacity within the VA, in order to ensure that all veterans with TBI receive the right care, right now.”

A copy of BIAA’s letter endorsing H.R. 2818 can be obtained by visiting BIAA’s website at the following address:  http://www.biausa.org/policyissues.htm.

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Urge Your Representatives in Congress to Increase Federal Funding for TBI Programs!
Take Action!


As Congress adjourns for Memorial Day Recess next week, formal appropriations action on federal TBI programs is just around the corner.

Beginning in June, both the House and Senate Appropriations Subcommittees are expected to hold markups on the Fiscal 2009 Labor, Health and Human Services (HHS), and Education Appropriations bill, which provides federal funding for multiple TBI programs.

Federal funding for TBI Act programs, as well as NIDRR's TBI-related research programs, has deteriorated or remained stagnant over the last several years. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of combat in Iraq and Afghanistan. The need for substantially increased federal funding for TBI programs must be clearly communicated to Members of Congress in the coming days and weeks if these programs are to be adequately funded this year.

In addition, this year's appropriations process poses a great challenge, as it is expected to be delayed and manipulated as a result of election year politics.

The return of Members of Congress to their home districts during the Memorial Day Recess this next week provides a critical opportunity for advocates to weigh in regarding the urgent need to increase funding for federal TBI programs. Likewise, BIAA urges advocates to click the "Take Action" link in the upper right hand corner of this email to contact their representatives in Congress via email or phone.

BIAA's Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to  http://capwiz.com/bia/mlm/signup/  

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Brain Injury Association of America
Policy Corner E-Newsletter – May 23, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:
After a busy week focused on a variety of legislation, including unsuccessful efforts to achieve final passage of the war supplemental appropriations bill and a budget resolution conference agreement, Congress is now in recess until Monday, June 2, in observance of the Memorial Day holiday.

BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations this week, despite the fact that Congress failed to successfully pass a final budget resolution. BIAA urges advocates to make contact with their representatives in Congress - and if possible, schedule a face-to-face meeting while they are in their home districts this next week – and urge them to increase appropriations for federal TBI programs.

On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed. BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which would strengthen supports for family caregivers of returning servicemembers with TBI.

Also this week, BIAA distributed an issue brief to Capitol Hill staff highlighting the need for TRICARE to officially cover cognitive rehabilitation. The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.
In addition this week, on May 22, 2008, BIAA submitted official comments to the Department of Education on the National Institute on Disability and Rehabilitation Research’s (NIDRR) Proposed Long-Range Plan for Fiscal Years 2010-2014. BIAA’s comments were based on a coalition letter which BIAA signed on to as well, but also included BIAA’s individual recommendations for future research priorities.

Note: Policy Corner will not be published next week, as Congress will be out of session. The next issue of Policy Corner will be published on Friday, June 6.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
Appropriations Update
BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations this week, despite the fact that Congress failed to successfully pass a final budget resolution.
Although conferees came to an agreement on a final budget plan on Tuesday, a glitch with a major farm bill (H.R. 2419) threw the congressional schedule in to chaos Wednesday night. This scheduling problem eventually resulted in the postponement of a vote on the adoption of the fiscal 2009 budget resolution conference agreement until June.

The budget resolution is a nonbinding document which determines annual aggregate revenue and spending targets for Congress. This year, Democrats have proposed to spend $24.5 billion more than the $991.6 billion in discretionary funding proposed by President Bush.
Final passage of a budget resolution would facilitate the establishment of official funding allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

However, according to CQ Today, “Because of the likelihood of a protracted dispute between Congress and the White House, few, if any, of the appropriations bills are likely to be cleared before the Nov. 4 elections. Indeed, Democrats may try to enact a long-term continuing resolution that would last until after the Jan. 20 inauguration of the next president” (David Clark, CQ Today, 5/22/08).

Regardless of how the appropriations process is expected to play out this year, BIAA urges advocates to make contact with their representatives in Congress - and if possible, schedule a face-to-face meeting while they are in their home districts this next week – and urge them to substantially increase appropriations for federal TBI programs.

BIAA Submits Statement for the Record to Senate Veterans Affairs Committee
On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed. BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which was introduced by Senator Hillary Rodham Clinton and 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.

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.
In the Statement for the Record, BIAA President and CEO Susan H. Connors noted, “Family care is the most important source of assistance for people with chronic or disabling conditions, including people with brain injury. Yet, research has found that all too often, the traumatic brain injury of a spouse or close relative places extreme stress on family caregivers, frequently resulting in negative physical and emotional outcomes for the caregivers themselves.”
To view a copy of BIAA’s Statement for the Record on S. 2921, please visit our website at http://www.biausa.org/policyissues.htm.

BIAA Publishes Issue Brief Calling for Official TRICARE Coverage of Cognitive Rehabilitation
Also this week, BIAA distributed an issue brief to Capitol Hill staff highlighting the need for TRICARE to officially cover cognitive rehabilitation. The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.
BIAA’s issue brief makes a compelling argument for making cognitive rehabilitation an official benefit within TRICARE, arguing that “A clear clinical consensus has developed recognizing the importance of providing cognitive rehabilitation to patients with TBI, and servicemembers suffering from TBI resulting from deployment deserve nothing less than the appropriate level of care based on currently accepted and widely used treatment modalities.”

To view a copy of BIAA’s Issue Brief on Cognitive Rehabilitation & TRICARE, please visit our website at http://www.biausa.org/policyissues.htm.

BIAA Submits Comments on NIDRR’s Long-Range Plan for Fiscal Years 2010-2014
On May 22, 2008, BIAA submitted official comments to the Department of Education on the National Institute on Disability and Rehabilitation Research’s (NIDRR) Proposed Long-Range Plan for Fiscal Years 2010-2014. BIAA’s comments were based on a coalition letter which BIAA signed on to as well, but also included BIAA’s individual recommendations for future research priorities.

To view a copy of BIAA’s Comment Letter on NIDRR’s Long-Range Plan, please visit our website at http://www.biausa.org/policyissues.htm.

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BIAA legislative update as follows: 

Defense issues are expected to be the focus of legislative activity next week, as the Senate plans to debate the war supplemental bill, while the House plans to consider the fiscal 2009 defense authorization bill (H.R. 5658).

Earlier this week, the House passed an amendment related to the war supplemental bill containing a provision, strongly supported by the Brain Injury Association of America, which would

delay implementation of seven harmful Medicaid regulations proposed by the Bush Administration. BIAA will continue to advocate in favor of maintaining this provision in the war supplemental bill as it is considered by the Senate next week.

Also next week, floor consideration of a possible final version of the fiscal 2009 budget resolution (S. Con. Res. 70) could also take place, as Congress works to accomplish legislative goals before leaving town for a week-long Memorial Day Recess beginning on Monday, May 26.
Final passage of a budget resolution would include the establishment of official funding allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

Please watch for a BIAA Legislative Action Alert on fiscal 2009 TBI Appropriations to be sent out early next week.
__________________________________________________________________
Debate over War Supplemental Bill Continues

An amendment related to the war supplemental bill passed by the House earlier this week contained a provision, strongly supported by the Brain Injury Association of America, which would delay implementation of seven Bush administration Medicaid regulations.

This provision includes the content of legislation (H.R. 5613) endorsed by BIAA, which would place a moratorium through March 2009 on several harmful Medicaid regulations, including regulations which would negatively impact individuals with traumatic brain injury.

According to an article last week in CQ Today, by attaching H.R. 5613 to the war spending bill, Democrats hope to avoid an extra set of cloture votes in the Senate, where the Medicaid moratorium bill on its own had been facing a GOP filibuster (Alex Wayne, CQ Today, 5/6/2008).
The House of Representatives passed H.R. 5613 by a veto-proof margin, 349-62, on April 23. Without a moratorium, all seven of the regulations would go into effect by June 30 of this year, including regulations which would limit access to essential services for individuals with brain injury.

BIAA continues to strongly endorse H.R. 5613 and supports efforts to keep the bill’s content in the war supplemental legislation as it is considered by the Senate next week.
Fiscal 2009 Appropriations Update

Floor consideration of a possible final version of the fiscal 2009 budget resolution (S. Con. Res. 70) could take place next week, as Congress works to accomplish legislative goals before leaving town for a week-long Memorial Day Recess beginning on Monday, May 26.
Final passage of a budget resolution would include the establishment of official funding (“302b”) allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

Last week, BIAA signed on to a coalition letter urging Appropriations Committee Chairs in both chambers to allocate an additional $15 billion over last year’s funding levels for the Labor-HHS-Education Subcommittees.

The letter states that this additional funding is necessary, as it would “(1) restore cuts to core program funding over the last four years, (2) more appropriately account for four years of inflation and population growth to maintain service levels and purchasing power; and (3) return these programs to the FY 2005 level, a high water mark for many.”

Once 302b Subcommittee allocations have been determined, the fiscal 2009 appropriations process can officially go forward with bill markups and other official action.

The Policy Corner is made possible by the Adam Williams Initiative, Centre for Neuro Skills, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

Distributed by Laura Schiebelhut
BIAA Public Affairs Manager, on behalf of the Brain Injury Association of America;
703-761-0750 ext. 637; lschiebelhut@biausa.org

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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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