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This is the latest as reported by the Brain Injury Association of America:

Federal TBI Program Update

On June 15, 2010, BIAA and other TBI stakeholders met with Mary Wakefield, the Administrator of Health and Human Service’s (HHS) Health Resources and Services Administration (HRSA) to discuss the future of the federal TBI program, one of the programs funded through the TBI Act. The federal TBI program provides grants to states to improve access to care for people with brain injury. 

The meeting was very positive and both the TBI stakeholders and HRSA are committed to working together to bring the attention needed to the program in order to grow the program and receive more funding for the TBI population in each state. HRSA has committed to working with stakeholders going forward to craft a strategic plan for the program and solicit public comment from appropriate entities such as BIAA state affiliates and state lead agencies in order to ensure that elevation of the program is successful.

BIAA is encouraged by the partnership forged between TBI stakeholders and HRSA and will continue to pass on important information as efforts progress.

FMAP Update

Last week, Senate Democrats came four votes short of invoking cloture on the tax extenders bill that includes the extension of increased federal Medicaid monies through June, 2011. After passing a Medicare physicians’ payment bill on its own instead of as a part of the larger extender package, Senator Max Baucus is encouraged that the larger bill still has the support and momentum needed for approval. The bill is expected to be considered in the Senate this week. 

BIAA will continue to monitor the situation closely. If you haven’t taken action on this alert, it’s not too late!

Health Care Reform Update

Last week, the Health and Human Services (HHS) department asked for public comments regarding their draft strategic framework on multiple chronic conditions (MCC). The framework addresses approaches to improving the health of individuals with concurrent MCC by providing options for HHS to strengthen coordination of its efforts internally and collaboration with stakeholders externally.

BIAA submitted a document detailing the concern that the draft framework does not include TBI in the list of conditions that constitute concurrent multiple chronic conditions. BIAA argued that because brain injury has been linked to epilepsy, Parkinson’s and Alzheimer’s disease and that individuals with brain injury manifest neurologic, neuroendocrine and psychiatric disorders as well as cardiovascular, musculoskeletal, gastrointestinal, urologic and sexual dysfunction it absolutely should be addressed in the framework.

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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 continues to update us:

On Thursday, April 22, 2010, the Senate cleared an omnibus veterans’ health care measure that provides important assistance to both veterans and caregivers. S. 1963, as modified by the House, includes nearly $1.6 billion in authorizations for programs designed to aid caregivers of eligible veterans.

The measure, which now goes to the White House for President Obama’s signature, is intended to strengthen the health care support system for veterans and to expand services in rural areas. The measure will also expand caregiver programs, making them eligible for training and education assistance.

The bill also authorizes VA hospitals to contract with non-VA providers, as stated in the bill:

“The Secretary may contract with appropriate entities to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who the Secretary determines suffers from a traumatic brain injury…”

Both BIAA and the Wounded Warrior Project have long advocated for approval of this measure and yesterday’s final passage signified a great victory for service members who suffer from TBI and their families.

Health Care Reform Update

After several weeks of delving into the final text of the health care reform bill, our partners at Powers, Pyles, Sutter & Verville, PC, sponsored by BIAA’s Business and Professional Council, have prepared an analysis of the major provisions that impact our community.

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FDR's New Deal gets a facelift in 2010.  Health Care reform has arrived.  And in the words of the Vice President, It is "a big f------g deal!"

The Brain Injury Association of America posts the following:

Coverage

·         Prohibits private health insurance exclusions for pre-existing conditions.

·         Eliminates annual and lifetime insurance limits or "caps" in private insurance policies.

·         Restricts the consideration of health status in setting premiums.

Benefits

·         Ensures that minimum covered benefits include products and services that enable people with brain injury to maintain and improve function, such as rehabilitation and habilitative services and devices. BIAA, along with our Business and Professional Council, and assisted by Powers, Pyles, Sutter & Verville, PC was the driving force in ensuring that rehabilitation was listed as a minimum benefit in this bill. Originally, when the bill was made public, rehabilitation was not listed as a minimum benefit.

Long Term Services and Supports

• The Community Living Assistance Services and Supports (CLASS) Act creates a national long term services insurance program which assists eligible individuals and their families to meet long term needs with a cash benefit and without forcing them into poverty to receive Medicaid benefits.
• The Community First Choice Option helps to eliminate institutional bias by encouraging  states to cover personal attendant services under the state’s optional service plan instead of through the waiver system by offering a 6% increase in the federal share of Medicaid for these services.

It is also important to note that, as part of the debate, Congressman Bill Pascrell, Jr., co-chairman of the Congressional Brain Injury Task Force, submitted a statement for the record detailing his understanding of the intent of the bill with regards to coverage of the treatment continuum for people with brain injury. BIAA thanks him for his hard work and dedication to this important issue.

Along with passing the Senate bill, House Democrats also approved a reconciliation bill that reflects negotiations reached by congressional Democrats and the White House to modify the version earlier passed by the Senate. This would be a “fix” that would eliminate the special deals given to certain states in return for Senate votes as the bill was passed by the Senate in December.

The Senate is expected to take up the bill as early as Tuesday under special budget reconciliation rules that will shield it from filibusters. BIAA will continue to monitor the situation closely as consideration concludes. 

Finally, BIAA would like to recognize the grassroots advocates that have truly made a difference in advocating for this historic legislation. Thank you to everyone who invested so much of their time to push this forward!

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Brain Injury Association of America notes The House of Representatives is set to vote on the Senate health care reform bill at the end of this week.

Call Your Representative NOW – The House will Vote on Health Care Reform this Week!

The House of Representatives is set to vote on the Senate health care reform bill at the end of this week. If the measure fails, the hope of health care reform will likely vanish for this year and maybe even for years to come.

Even though the House and Senate have both passed their versions of health care reform, the only way forward for the bill is for the House to approve the Senate version.

Your voice matters now more than ever. Call TOLL FREE 1-888-876-6242, if you don’t know who your representative is, click here.

Tell your representative that you are a constituent that is concerned about health care reform.  Specifically, people that have sustained brain injuries need health care reform because:

• Millions with health insurance are now at the mercy of insurance companies that charge premiums beyond affordability.  The legislation would limit these increases.
• Many with insurance find that it won't cover them when they get sick - even after they have paid premiums for years.  The legislation will ban denials based on pre-existing conditions in children and adults.
• Patients who reach their lifetime insurance cap after a catastrophic injury or illness will be able to continue treatment in order to regain functionality and have a better chance of returning to work or school.  The bill will eliminate lifetime insurance limits.

AND...

Investing money now will save the government millions of dollars later when the private insurance companies are required to take responsibility for the premiums they collect instead of turning individuals facing catastrophic injury or illness away to rely on public plans and ultimately, the American taxpayers.

Some representatives in the House are debating on whether to vote for or against the bill. Regardless of how they voted in the past, many are still waying their options.  This measure is vital to the brain injury community, and we need your help to ensure that people with brain injury gain access to the care that they need and deserve!  CALL NOW!

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BIAA Unveils 2010 Legislative Fact Sheets

On March 3, 2010, BIAA made available its 2010 legislative fact sheets. The fact sheets outline the agenda for this year including, access to care for both civilian and military populations, TBI Act and research funding, TBI Act reauthorization, caregiver assistance, and support for the Congressional Brain Injury Task Force is now available on our home page!

Brain Injury Awareness Day 2010

Don’t forget that this year’s Brain Injury Awareness Day on Capitol Hill is set to take place on March, 17, 2010. 

Below is the schedule of events for the day:

10:00 AM – 1:00 PM - Brain Injury Awareness Fair, First Floor Foyer of the Rayburn House Office Building

2:30 PM – 4:00 PM - Briefing: “From the Playground to the Pros: A Heads-Up on

Concussion”, Capitol Visitors Center – Congressional Meeting Room South

5:30 PM – 7:30 PM - Reception Celebrating Brain Injury Awareness Month, First Floor Foyer of the Rayburn House Office Building

Hope to see you there!

Health Care Reform Update

House leaders this week prepared a schedule to bring health care reform to a vote before Congress adjourns for its two-week spring recess, which begins on March 26, 2010. BIAA continues to advocate for provisions important to the brain injury community and will alert grassroots advocates if action is necessary.

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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 sad fact is that most attorneys, even those holding themselves out as "personal injury" lawyers, do not have the skill or knowledge to appreciate and handle traumatic brain injury cases.

The good news is that as neuroscience and neurolaw advance, many more attorneys are getting education they need to handle these matters.  This is due, in large part, to the work of the Brain Injury Association of America, North American Brain Injury Society, state and other organizations holding continuing education conferences.

I came across an interesting article that had this to say:

An increasing number of Attorneys specializing in Traumatic Brain Injury arising out of motor vehicle accidents, slip and falls, closed head trauma, and blunt head trauma are becoming aware of the concurrent hormonal deficiencies that impede rehabilitation by their affect on psychological, physiological, and physical functioning (see also Heart Attack).

Many are receiving additional training in the area of Interventional Endocrinology to give them the advantage of understanding that head trauma has a two-phase insult on the body. The first: an acute phase, is associated with the gross manifestations of the injury (loss of consciousness, amnesia, cognitive impairment, fatigue, mood changes, and structural damage to the brain) and a second: the delayed phase, leading to progressive loss of one or more hormones within 3 months of the injury. Many times, the first phase is so subtle that the recognition of the second phase is significantly delayed or ignored.

The trauma can be mild, moderate, or severe and still cause the brain's ability to regulate important, life-maintaining, hormones to fail.

Read more here.

So lets keep up the good work!

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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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