The New Deal for 2010!

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!

Heath Care Reform

We are down to the wire on Health Care.  The Brain Injury Association of America again prompts action.  I have written my representative to support the health care bill.

Brain Injury Awareness Day, 2010

Thank you to everyone that made this year’s Brain Injury Awareness Day on Capitol Hill a huge success! With record attendance at both the brain injury fair and briefing, hundreds of community members, survivors and state affiliates met with various lawmakers to advocate for increased brain injury appropriations, access to brain injury care, caregiver assistance, and other important issues.  Congratulations to all for a very successful day!

Health Care Reform Update

This week, both President Obama and Speaker Pelosi lobbied to win passage of their health care reform package. However, it is still unclear whether the two have procured the 216 votes needed to win the House vote that is projected to happen this Sunday. 

Now is the time for grassroots to act! I have copied below the action alert that was sent out earlier this week. If you have not yet called your representative, please do so as soon as possible!

 

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.

BIAA Health Care Reform Update

The Brain Injury Assocation of America posted this Health Care Reform Update.  Yesterday, President Obama and members of Congress and the Senate, Republican and Democrat, met to hash out a Health Care Reform Bill.  American Association of Justice President, Anthony Tarricone, appeared on Anderson Cooper 360: http://www.vimeo.com/9761801

Health Care Reform Update

On February 22, 2010, in the wake of the legislative hold put on Congress after the recent Massachusetts election, the White House released an 11-page health care overhaul proposal that would extend coverage to more than 31 million people, at a 10-year cost of $950 billion. The White House says that the cost would be offset by spending reductions and tax increases, resulting in $100 billion of deficit reduction. CQ

Also this week, a bipartisan summit convened to discuss the administration’s health care plan. The White House facilitated the six-hour summit to focus on controlling costs, overhauling insurance regulations, reducing the deficit and expanding health coverage. 

The group of 40 representatives and senators agreed on a new set of baseline insurance regulations but were still at odds about things like the cost of insurance premiums, patient choice issues, and deficit calculations. 

BIAA is monitoring the situation closely and will continue to advocate for a health care reform plan that will provide people with brain injury access to the full continuum of care that they need and deserve.

 

Brain Injury Awareness Month

As most of you already know, March is brain injury awareness month! BIAA will be unveiling its 2010 legislative agenda on Tuesday, March 2, 2010. Fact sheets outlining 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 will be available on our website starting Tuesday!

 

Bankrupt Las Vegas Station Casino Lawyers Up

The Las Vegas Review Journal announced Station Casino (Fertitta family business) affiliate has been sued by partner GCR Gaming (Greenspun Family business).  Both families have lawyered up.

The lawsuit alleges "wrongdoing" and of flagrant and continuous breach of "contractual and fiduciary duties" in their joint-venture partnership of the Green Valley Ranch Resort.

The filing alleges Station Casinos executives breached those duties, in part, by directing high-stakes gamblers at Green Valley Ranch to other casinos that were owned solely by Station Casinos.

This comes after Station Casino's filed for bankruptcy as a partner of operations at Green Valley Ranch Resort.  Whenever a bankruptcy is filed or pending, any claims by creditors, including lawsuits against the bankrupt entity or person are stayed.  In other words, no lawsuits are allowed while bankruptcy is pending in most circumstances.  While protecting the bankrupt corporation, this leads to denied or delayed justice for those injured by the property management's negligence.

Station's parent company filed for Chapter 11 bankruptcy protection in 2009.  Chapter 11, unlike Chapter 7, is a reorganization or debt payments.  Station has been attempting to provide the Bankruptcy court with a plan to repay its debts but needs cooperation from creditors.

The long and short of it is that GVR Gaming's lawsuit will require lifting the stay by the Bankruptcy Judge to proceed.  A motion was filed yesterday.

My office currently has 1 lawsuit pending where Station Casino is  a defendant.  That matter is not subject to Station's parent company Chapter 11 bankruptcy.  However, last year, before the Station Casino filed bankruptcy as to its Green Valley Ranch Resort, another matter was resolved in my office.  Fortunate for my clients, they will not be denied or delayed justice because of the recent bankruptcy filing.

Ironically, President Obama is in Las Vegas today to address the public at Green Valley highschool.  Worthy of note is whether Las Vegas Mayor, Oscar Goodman, will welcome President Obama in light of the President's recent comment “You don’t blow a bunch of cash in Vegas when you’re trying to save for college.” The comment also drew the ire of Democratic Senator Harry Reid.  “Lay off Las Vegas,” Sen. Harry Reid said in a statement issued shortly after the remarks spread through the internet.  He later went on to support President Obama.