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Brain Injury Legislative Alert 2008 Archive
Reprinted from The Brain Injury Association of America, the Congressional Brain Injury Task Force, and the TBI Technical Assistance Center at NASHIA


www.biausa.org
Congressional Injury Task Force

www.nashia.org/assistance/index.html




Brain Injury Association of America Legislative Alert - December 23, 2008


End of The Year Update More Info

BIAA Continues Advocacy As 2008 Winds Down

As this year comes to a close, the Brain Injury Association of America (BIAA) would like to thank you for your support during 2008 - a year which included many accomplishments in advocacy on behalf of individuals with brain injuries and their families. Chief among these accomplishments, of course, was successful reauthorization of The Traumatic Brain Injury Act!

Yet, as we reflect during this holiday season on the advocacy achievements we are thankful for this year, we also know that much more needs to be done to improve brain injury care and services in this country.

BIAA is uniquely positioned to carry this important message into 2009, and to the incoming Obama Administration, as well to continue its leading advocacy role on Capitol Hill, urging the nation's lawmakers to adequately address the public health epidemic of brain injury.

Last week, BIAA was invited to meet with members of the Obama Administration transition team to discuss disability and health care policy issues, as well as to share BIAA's leading public policy priorities. On Tuesday, December 16, BIAA's President and CEO, Susan Connors, and BIAA's National Medical Director, Dr. Gregory O'Shanick, represented the organization at this meeting.

They communicated to the members of the Obama team that BIAA's chief public policy concern centers on improving access to health care for survivors of brain injury. Specifically, Ms. Connors and Dr. O'Shanick described how every day, hundreds - perhaps thousands - of brain injury survivors are deprived of the acute care, rehabilitation, and related services they need to regain maximum function and quality of life after their injury. They further explained that this is largely due to the widespread use of unfair and unjust tactics by health insurers, such as inconsistent pre-admission policies, arbitrary limits on scope and duration of care, outright coverage denials, absurd payment rates, and capricious post-treatment audits. The hope was expressed to the Obama team that any effort to reform the nation's health care system must address these delays and denials of access to care, as our nation is needlessly increasing permanent disability among people who sustain brain injuries.

Ms. Connors and Dr. O'Shanick also discussed with the Obama team the importance of maintaining and increasing the health and function research portfolio, including the TBI Model Systems of Care program, within the National Institute on Disability and Rehabilitation Research (NIDRR), as well as the need for TRICARE to officially cover cognitive rehabilitation for returning service members.

As 2009 approaches, BIAA encourages you to visit
President-Elect Obama's webpage on health care reform, and submit your own comments about how to improve the nation's health care system to better address the needs of brain injury survivors.

Happy Holidays!





Congressional Brain Injury Task Force Newsletter

110th Congress

December 22, 2008

The Congressional Brain Injury Task Force Newsletter aims to educate and promote the awareness of brain injury, one of the driving missions of the Task Force. Below you will find recent legislative activity, studies and reports, media coverage, and upcoming events related to traumatic brain injury (TBI).  We believe that knowledge and information can inspire the change needed to improve the lives of individuals suffering from TBI.

Approximately 1.4 million Americans experience traumatic brain injury (TBI) each year, and an estimated 3.2 million Americans are living with long-term, severe disabilities as a result of brain injury.  TBI is the leading cause of death and disability among young Americans in the United States and has been named the signature wound of the War in Iraq and Afghanistan.

We hope that you and your staff find this newsletter informative.  Please contact Mandy Spears (
mandy.spears@mail.house.gov; 5-5751) in Rep. Pascrell’s office or Becky Wolfkiel (rebeccah.wolfkiel@mail.house.gov; 5-5836) in Rep. Platts’ office if you have questions about any of the information included in the newsletter, would like more information about the Task Force, or would like to join.

Sincerely,

Bill Pascrell, Jr.,
Co-Chair

Todd Russell Platts, Co-Chair

Note
: Membership to the Congressional Brain Injury Task Force is open only to Members of Congress.

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RECENT LEGISLATIVE ACTIVITY

The ConTACT Act (
H.R. 7274)

On November 19, 2008, Task Force Co-Chairs Bill Pascrell, Jr. and Todd Russell Platts introduced the Concussion Treatment and Care Tools (ConTACT) Act, which provides States with the tools needed to adopt and disseminate concussion management guidelines for school-sponsored sports and to fund schools’ implementation of computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

FY 2009 Appropriations

Department of Defense - Defense Appropriations were passed as part of the
2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008.  The bill provided $300 million for TBI and psychological health research and treatment.

Department of Veterans Affairs - On August 1, 2008, the House of Representatives approved its version of the FY 2009 Military Construction and Veterans Affairs spending bill, which contained
report language encouraging continued partnership between the Department of Veterans Affairs (VA) and the Department of Defense (DoD) in treating soldiers with TBIs; revision of ICD-9 codes for traumatic brain injuries; the development of universal practice guidelines for TBIs, post-traumatic stress disorder (PTSD), and blast injuries; access to TBI and PTSD services through joint clinics; and projects to promote seamless transitions for individuals transitioning from DoD to the VA.

The Senate Appropriations Committee approved its version of the FY 2009 Military Construction and Veterans Affairs spending bill, containing increased funding for medical research, including TBI research. The bill allocates $526.8 million for medical research targeted to the veteran population, including research into mental health, post-traumatic stress disorder (PTSD), traumatic brain injury, polytraumatic physical activities and sensory abilities, such as hearing and vision loss.  The bill also contains
report language directing the VA to establish and expand cooperative agreements with public and private groups to treat traumatic brain injury patients from the wars in Iraq and Afghanistan and to report on expanding the pool for expertise available to treat the injuries.

Veterans Appropriations were passed as part of the
2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008.

Department of Health and Human Services - On March 19, 2008, members of the Congressional Brain Injury Task Force called on the Appropriations Subcommittee on Labor, Health and Human Services, and Education to provide $30 million for programs authorized under the Traumatic Brain Injury Act, including $9 million for CDC TBI Registries, Surveillance, and Education; $15 million for HRSA TBI State Grants; and $6 million for HRSA TBI Protection and Advocacy Grants.   Status: The programs were level-funded at the FY 2008 through March 2009 as part of the
2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008.  Advocates have called on Congress to provide the highest possible funding amounts contained in the House and Senate Subcommittee-passed bills for TBI programs are included in the final FY 2009 Labor-HHS-Education appropriations bill or funding package. Specifically, these highest funding levels are as follows:
  • $11 million for the HRSA Federal TBI Program

  • $6.565 million for CDC TBI Programs

  • $107.741 million for NIDRR Programs, including TBI Model Systems of Care

TBI Awareness (H.Con.Res. 91)

This resolution expresses the need for enhanced public awareness of TBI and support for the designation of a National Brain Injury Awareness Month.  It currently has 59 co-sponsors and will be reintroduced in the next Congress.

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RECENT STUDIES AND REPORTS

“Veterans will need support systems at home and in their communities to assist them in coping with the long-term sequelae of their injuries.”
–The Institute of Medicine, “Long-Term Consequences of Traumatic Brain Injury”

The Journal of Head Trauma Rehabilitation:
Prevalence of Long-Term Disability from Traumatic Brain Injury in the Civilian Population of the United States, 2005, Nov/Dec 2008

Findings: An estimated 1.1% of the U.S. civilian population—or 3.17 million people—were living with a long-term disability from TBI at the beginning of 2005.

The Institute of Medicine:
Gulf War and Health: Long-Term Consequences of Traumatic Brain Injury; December 2008

Findings: Many of the thousands of troops who suffered traumatic brain injuries in Iraq and Afghanistan are at risk of long-term health problems including depression, Alzheimer’s-like symptoms, seizures, and problems with social functioning.  The report recommends that all soldiers exposed to a blast be screened for TBI and that the VA fund rigorous studies and a registry of TBI patients.

The National Association of State Head Injury Administrators:
Summary of State Legislation on Returning Troops and Veterans, October 2008

Findings: Increasingly, state legislatures and governors are providing state leadership in providing outreach, information, and resources to returning troops, veterans, and their families with regard to TBI, PTSD, and related issues.

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RECENT MEDIA COVERAGE

“Recent studies at the University of Pittsburgh and the McGill University Neurological Institute have linked cumulative concussions to the deterioration of brain function and to mental diseases.  -Christina Pappas, “Concussion Studies Butt Heads with Assumptions”

Gray Area, New Jersey Monthly, October 14, 2008

A Wound Obscure, Yet Serious: Consequence of Unidentified Traumatic Brain Injury Are Often Severe, The Dana Foundation, October 23, 2008

Concussion Studies Butt Heads with Assumptions, Tufts Daily, October 27, 2008

Head Injury in Young Kids May Predict ADHD Diagnosis, Washington Post, November 6, 2008

Veterans’ Families Seek Aid for Caregiver Role, New York Times, November 12, 2008

Editorial: A Head Slapping Idea, Boston Globe, November 12, 2008

Doctors Can Now Detect Mild Traumatic Brain Injuries Easier, USA Today, November 17, 2008

In Treating Trauma, Military Branches Out, National Journal, November 22, 2008

Proposal Targets Head Trauma in Student Athletes, Montclair Times, November 26, 2008

Panel Urges More Screening of Brain Injury in Troops, New York Times, December 5, 2008

Brain-Injured Troops Face Unclear Long-Term Risks, USA Today, December 5, 2008

Brain-Injured Troops Face Unclear Long-Term Risks, Washington Post, December 5, 2008

NFL Meeting Irks Wives of Ill Retirees, New York Times, December 13, 2008

A New Source for People Coping with Brain Injury, Washington Post, December 16, 2008




Brain Injury Association of America Legislative Alert - December 14, 2008

Dear Advocates:

The Senate failed to reach a deal on auto industry bailout legislation this week, and on Thursday concluded what will most likely be the last week of the 110th session of Congress.

Senate Majority Leader Harry Reid (D-NV) announced that there would likely be no more Senate work this year, and called upon President Bush to provide bailout funding using the authority granted to him under the $700 billion financial industry bailout bill which passed earlier this fall.

The 111th Congress is scheduled to come into session on January 6, 2009. This week’s Policy Corner provides a brief preview of what to expect when a new Congress and Administration convenes in Washington next month.

In addition, you are encouraged to check the “Policy & Legislation” section of BIAA’s website
CLICK HERE over the next few weeks, as we conclude our updates to this site to include the latest information and documents related to BIAA’s federal legislative advocacy efforts.

BIAA sincerely thanks you for your advocacy efforts in 2008, and looks forward to continuing to work with you in 2009 to push for better brain injury public policy in the United States.

Happy Holidays to All!

*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 CLICK HERE   

__________________________________________________________________

FY09 Appropriations Action Anticipated in January

Appropriators in both chambers have reportedly been working on conference negotiations over the last few weeks for the Fiscal Year 2009 (FY09) funding bills.

In response to hearing that Appropriations Committees were indeed conferencing the FY09 Labor-HHS-Educations funding bill, BIAA joined other stakeholder organizations in circulating a sign-on letter calling for increased funding for TBI programs in FY09. Earlier this week, this letter was delivered to the leaders of both the House and Senate Labor-HHS-Educations Subcommittees on Appropriations.

The timeline for final action is unclear at this point, but “public statements imply that the Democratic leadership wants all FY 2009 appropriations bills finished and on President Obama’s desk shortly after his inauguration on Jan. 20th so that he does not have to deal with unfinished business from the 110th Congress” (The Coalition for American Trauma Care Washington Report, 12/05/08).

The brain injury stakeholder letter urges appropriators to adopt the highest possible funding levels for TBI programs contained in the respective House or Senate versions of the bill. Specifically, the letter states, “As negotiations on the spending bills for Fiscal Year 2009 continue, we urge you to adopt the funding levels for the Department of Health and Human Services traumatic brain injury (TBI) programs as recommended by the House Labor-HHS-Education Appropriations Subcommittee and the Senate Appropriations Committee language and funding levels for the National Institute on Disability and Rehabilitation Research (NIDRR).”

As BIAA anticipates early action in January on an FY2009 omnibus appropriations package, please, if you have not already done so, visit our website to take action
CLICK HERE

111th Congress Expected to Pass Economic Stimulus Legislation Quickly

This week, Democrats continued to lay groundwork for an economic stimulus bill to be considered soon after the new Congress convenes.

The House Appropriations Committee held a hearing on the anticipated economic recovery bill, which Democratic leaders intend to introduce in January. The hearing featured a number of governors, who made the case for increased aid to states to be included in such a stimulus bill.

Specifically, in recent weeks, governors have asked for increased federal funding for Medicaid, infrastructure projects, unemployment insurance and food stamps.

In regards to increased Medicaid funding, BIAA supports a Coalition for Citizens with Disabilities letter sent this week to Congressional leaders. The letter urges the inclusion of a significant increase in the Medicaid Federal Medical Assistance Percentage (FMAP) in the anticipated economic stimulus legislation. The letter urges that at a minimum, an economic stimulus package include $40 billion in additional Medicaid funding over two years, and that part of this funding be targeted towards expanding Medicaid home and community based services.

Health Care Reform Efforts Already Underway

The outcomes of the recent November election have dramatically changed the political landscape in Washington, D.C., and a number of factors have come together to create the best opportunity for reforming the nation’s health care system in well over a decade. In short, it is a realistic possibility that major health care reform of some kind could be enacted in 2009. Certainly, there will be no shortage of serious efforts by the nation’s policymakers to overhaul the health care system as we know it today, and several proposals are already circulating.

The 111th Congress scheduled to come into session on January 6, 2009 will feature strong Democratic majorities in both the House of Representatives and the Senate, with leaders of key committees in both chambers anxious to introduce legislation to overhaul the nation’s health care system. At the same time, the incoming Obama Administration has signaled that health care reform will be considered a crucial aspect of its larger focus on promoting economic recovery as the nation’s financial crisis continues to worsen.

BIAA will work diligently in 2009 to make brain injury an essential part of the conversation on reforming the nation’s health care system.





Brain Injury Association of America Legislative Alert - December 5, 2008

Dear Advocates:

Although Congress was not formally in session this week, several major committee hearings took place considering a potential financial bailout of the nation’s automobile industry.

The 110th Congress is expected to be in session for the last time next week, and along with the potential bailout of the automobile industry, it appears that appropriators in both chambers are working on conference negotiations for the Fiscal Year 2009 (FY09) funding bills.

This week, amidst informal word that Appropriations Committees were indeed conferencing the FY09 Labor-HHS-Educations funding bill, BIAA joined other stakeholder organizations in circulating a sign-on letter calling for increased funding for TBI programs in FY09.

BIAA also issued a Legislative Action Alert to its grassroots, urging the highest possible funding amount for TBI programs to be enacted. If you have not already done so, please visit our website to take action at
http://capwiz.com/bia/home/

Over the past few weeks, numerous developments related to brain injury policy have occurred and are described below, including the release of new CDC prevalence estimates for TBI in the United States, as well as a new report issued by the Institute of Medicine on the long-term effects of TBI.

Please note that BIAA is currently in the process of updating the “Policy & Legislation” section of its website, and as a result many documents referred to below are not yet posted online. Rest assured these documents will become available shortly. We sincerely appreciate your patience while we work to improve the comprehensiveness and accessibility of our website.

*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/

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110th Congress Enters Its Last Week of Session; FY09 Appropriations Action Looms

The 110th Congress is expected to be in session for the last time next week, and along with the potential bailout of the automobile industry, it appears that appropriators in both chambers are working on conference negotiations for the Fiscal Year 2009 (FY09) funding bills.

This week, amidst informal word that Appropriations Committees were indeed conferencing the FY09 Labor-HHS-Educations funding bill, BIAA joined other stakeholder organizations in circulating a sign-on letter calling for increased funding for TBI programs in FY09. The timeline for final action is unclear at this point, but “public statements imply that the Democratic leadership wants all FY 2009 appropriations bills finished and on President Obama’s desk shortly after his inauguration on Jan. 20th so that he does not have to deal with unfinished business from the 110th Congress” (The Coalition for American Trauma Care Washington Report, 12/05/08).

The brain injury stakeholder letter urges appropriators to adopt the highest possible funding levels for TBI programs contained in the respective House or Senate versions of the bill. Specifically, the letter states, “As negotiations on the spending bills for Fiscal Year 2009 continue, we urge you to adopt the funding levels for the Department of Health and Human Services traumatic brain injury (TBI) programs as recommended by the House Labor-HHS-Education Appropriations Subcommittee and the Senate Appropriations Committee language and funding levels for the National Institute on Disability and Rehabilitation Research (NIDRR).”

BIAA also issued a Legislative Action Alert to its grassroots this week, urging the highest possible funding amount for TBI programs to be enacted. If you have not already done so, please visit our website to take action at
http://capwiz.com/bia/home/

BIAA Welcomes New Members of Congress

In recent weeks, BIAA and its state affiliates have sent letters to newly elected Members of Congress welcoming them to Washington.

In the letters, BIAA congratulates these newly elected United States Representatives and Senators on their victories, and provides them with a brief overview of the massive national public health issue which brain injury represents. The letters also contain information on the leading role BIAA continues to play in advocating for improvements in public policy related to brain injury, and urge the new Members of Congress to join the Congressional Brain Injury Task Force.

These letters will be made available on the “Policy & Legislation” section of BIAA’s website -
http://www.biausa.org/policy.htm - shortly.

CDC Issues New Prevalence Estimates for TBI

Last week, the Centers for the Centers for Disease Control and Prevention released new prevalence estimates for traumatic brain injury (TBI) in the United States.

Reflecting the use of more conservative methodology, the CDC determined that although the annual incidence estimate has not changed (1.4 million individuals), the annual prevalence estimate for long-term TBI-related disability has decreased (from 5.3 million individuals to 3.2 million individuals).

BIAA issued a public statement in response to these new estimates and circulated this statement to members of the Congressional Brain Injury Task Force. BIAA made a special effort to note to Congressional offices and staffers that changes in the estimated prevalence of TBI are NOT indicative of any change in the annual incidence of TBI in the United States.

In its public statement, BIAA asserted, “The Brain Injury Association of America reminds advocates, clinicians, researchers, policymakers and the public that the 3.17 million people living in the U.S. with a long-term disability are unique individuals whose lives are forever changed by their injuries and who need and deserve ongoing specialized rehabilitation, lifelong neurological disease management and individualized services and supports in order to maximize their health, independence and happiness.”

The full public statement will be made available on the “Policy & Legislation” section of BIAA’s website -
http://www.biausa.org/policy.htm - shortly.

IOM Issues New Report on Long-Term Effects of TBI

On Thursday, December 4, BIAA was represented at a briefing at the National Academy of Sciences, where the Institute of Medicine issued a new report titled, “The Long-Term Consequences of Traumatic Brain Injury.”

The U.S. Department of Veterans Affairs (VA) asked the IOM to determine long-term health outcomes associated with Traumatic Brain Injury (TBI).

The IOM committee reviewed more than 30,000 titles and abstracts of scientific and medical articles related to TBI and health outcomes, as well as the full text of more than 1,900 peer-reviewed articles.

The Committee detailed numerous health effects that are associated with penetrating TBI and mild, moderate, and severe closed TBI.

The complete report can be read online at
http://www.nap.edu/catalog.php?record_id=12436

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Congress Is Working on TBI Funding Right Now!
Take Action!

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

Right now both the House and Senate Appropriations Committees are reportedly working on the Fiscal 2009 Labor, Health and Human Services (HHS), and Education Appropriations bill in anticipation of action on the bill as soon as the new legislative session begins in January. This bill provides federal funding for multiple TBI programs, as well as important trauma care 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.

BIAA urges advocates to contact their representatives in Congress by phone before December 15, if possible.
When you call your the Member of Congress's office, please ask to speak with the Health Legislative Assistant. Please click on the "Take Action" link in the upper right-hand corner of this email for information on how to call your representatives in Congress on this issue.

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.





Brain Injury Association of America Legislative Alert - November 21, 2008

Dear Advocates:

Congress returned this week for a lame duck session after being in recess since October 3, 2008. This lame duck session follows a historic November 4 election, which will result in significant changes in the makeup of both the House and Senate – not to mention the White House - in January.

So far, the lame duck session has produced successful legislation extending unemployment benefits, but it now looks as though Democratic leaders will wait until the beginning of a new legislative session in January to move a broader economic stimulus package. BIAA will continue to advocate for inclusion of increased federal funding for state Medicaid programs in any such stimulus package.

Meanwhile, Congress continues to debate a possible bailout plan for the auto industry, and this debate could continue into December, thus extending the lame duck session.

Over the past few weeks, numerous developments related to brain injury policy have occurred and are described below.

Please note that BIAA is currently in the process of updating the “Policy & Legislation” section of its website, and as a result many documents referred to below are not yet posted online. Rest assured these documents will become available shortly. We sincerely appreciate your patience while we work to improve the comprehensiveness and accessibility of our website.

*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
CLICK HERE

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2008 Election Outcomes and Legislative Impact

Powers Pyles Sutter &Verville, PC has produced a memorandum which reviews the 2008 Presidential and Congressional elections and provides analysis of the future direction of White House policy and the ramifications for the near-term political makeup of the House and Senate and relevant congressional committees.

This memorandum, distributed to members of the Disability and Rehabilitation Research Coalition, notes that, “Taken as a whole, the Obama win of the presidential race and the Democratic gains in the House and Senate coupled with the change-over in congressional power from the last election in 2006 has the Democratic party in majority control of the federal government. However, with the recent financial instability, looming recession, ongoing overseas conflicts and other tests facing the nation, the challenges for the President-elect and his team are daunting.”

The memo also states that, “proponents for health care system reform will certainly be energized by the outcome of this election, with an incoming Democratic administration and a larger majority of Democrats in both houses of Congress. But it will remain a daunting challenge for Congress to cover millions of the uninsured while the country is in an economic crisis while facing ever rising health care costs.”

The full memo will be made available on the “Policy & Legislation” section of BIAA’s website
CLICK HERE - shortly.

Defense Secretary Gates Responds to Senators’ Letter on Cognitive Rehabilitation

United States Secretary of Defense Robert Gates has responded to the letter a group of Senators issued on August 4, 2008 calling on him to ensure official TRICARE coverage of cognitive rehabilitation. As you may recall, BIAA played a crucial role in helping initiate and promote this letter, which was led by Senator Evan Bayh (D-IN).

In his response, Secretary Gates continues to defend TRICARE’s lack of coverage of cognitive rehabilitation, maintaining that there is insufficient evidence from properly structured research protocols to establish the general acceptance of cognitive rehabilitation as a proven medical treatment.

Specifically, Secretary Gates states, “The Assistant Secretary of Defense for Health Affairs reports that while the existing evidence is supportive of cognitive rehabilitation, the rigor of the research by which that evidence was produced has not yet met the required standard.” At the same time, Secretary Gates’ letter does acknowledge that “many organizations and reviews have supported cognitive rehabilitation.”

BIAA strongly disagrees with the argument put forth by Secretary Gates that there is insufficient evidence to justify official TRICARE coverage of cognitive rehabilitation. BIAA, along with numerous congressional advocates, will continue to press this issue in the new 111th Congress next year.

VA Signs Interagency Agreement With NIDRR-Funded TBI Model Systems

In an exciting development, the U.S. Department of Education’s National Institute on Disability and Rehabilitation Research (NIDRR) recently signed an Interagency Agreement (IAA) with the Department of Veterans Affairs (VA) for the NIDRR-funded Traumatic Brain Injury Model Systems National Data and Statistical Center (NDSC) located at Craig Hospital in Englewood, Colorado to provide consultation, training, and technical assistance to the VA and the VA Polytrauma Rehabilitation Centers. The Agreement calls for Craig and NIDRR to assist the VA to create a new registry of military service personnel and veterans who are returning from Iraq or Afghanistan with traumatic brain injuries (TBI).

BIAA has long been a strong advocate for collaboration between VA and NIDRR’s TBI Model Systems of Care Program, and last year BIAA played a critical role in ensuring the inclusion of legislative language mandating such collaboration in the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986). BIAA also played a vital role in obtaining $900,000 in additional funding last year to maintain research capacity within the TBI Model Systems of Care program.

Congressman Pascrell Introduces Bill to Improve Concussion Management in Schools

In response to the tragic death of Montclair High School’s Ryne Dougherty, U.S. Rep. Bill Pascrell, Jr. (D-NJ), the co-founder and co-chairman of the Congressional Brain Injury Task Force yesterday introduced legislation in the House of Representatives to help schools better protect student athletes from brain injuries.

The legislation, called the Concussion Treatment and Care Tools (ConTACT) Act, will authorize federal grants to states to be used to help schools invest in concussion screening technology and adopt better concussion management guidelines.

“Providing basic preventative technology and guidelines to mitigate the effects of head injuries can reduce the number of tragic deaths and countless injuries that occur in youth athletics,” stated Pascrell. “I will push hard with the weight of the entire Congressional Brain Injury Task Force to implement the ConTACT Act.”

Specifically, the ConTACT Act will create a state grant program through the Centers for Disease Control and Prevention (CDC) that will fund computerized pre-season baseline and post-concussion neurological testing for school sponsored sports. Schools that enroll students from grades 6 through 12 will be eligible for the funding.

The grant program would be authorized for 5 years and is estimated to cost $5 million in the first year. It would require a report to Congress within 2 years of enactment regarding the use and results of screening technology.

Pascrell has long been a strong advocate for expanding concussion management technology to youth athletics. In August of 2006, Pascrell visited a Nutley High School football practice to announce a new round of grants for New Jersey high schools to implement concussion management technology.

The legislation was developed by Rep. Pascrell, Rep. Todd Platts (R-PA) and the Brain Injury Task Force with consultation from the Brain Injury Association of America, the New Jersey Brain Injury Association, the National Association of State Head Injury Administrators, the Athletic Trainers Society of New Jersey, the International Brain Research Foundation and the New Jersey Office of Disability Services.

A copy of the legislation will be made available on the “Policy & Legislation” section of BIAA’s website - 
CLICK HERE - shortly.

BIAA Testifies at Social Security Administration Compassionate Allowances Hearing

On November 18, 2008, BIAA Director of Consumer Services, Greg Ayotte, testified in Arlington, Virginia at a Social Security Administration (SSA) Compassionate Allowance outreach hearing on brain injuries.

The purpose of this hearing was to consider views about the advisability and possible methods of identifying and implementing compassionate allowances for children and adults with brain injuries. SSA’s Compassionate Allowance Initiative represents an effort by SSA to consider ways to quickly identify diseases and other serious medical conditions that obviously meet the definition of disability under the Social Security Act (Act) and which can be identified with minimal objective medical information. SSA calls this method “Compassionate Allowances.''

Among other things, BIAA’s testimony focused on illustrating some of the obstacles individuals with brain injuries encounter when trying to access Social Security disability benefits.

A copy of BIAA’s testimony will be made available on the “Policy & Legislation” section of BIAA’s website - 
CLICK HERE - shortly.

BIAA Urges Repeal of Medicare’s Two-Year Wait Period

On November 12, 2008, BIAA joined the Coalition to End the Two-Year Wait for Medicare - which represents over 75 health advocacy organizations - in launching its campaign to urge the next Congress to end the 24-month wait for Medicare coverage faced by people with disabilities.

At a press conference held on Capitol Hill, people currently caught up in the waiting period described their experiences and Representative Gene Green (D-TX) described legislative efforts to eliminate the waiting period.

In addition, at the press conference Coalition leaders released a letter signed by Coalition members – including BIAA – addressed to Democratic and Republican leaders of the Senate Finance Committee and the House Ways and Means Committee. The letter calls for health coverage for people with disabilities to be at the forefront of future legislative efforts to cover the uninsured.

The issue this Coalition is working to address is that people who become severely and permanently disabled qualify for Social Security Disability Insurance and Medicare coverage. However, according to federal statute, they must wait two years from their date of eligibility for SSDI before their Medicare coverage begins. About one quarter of people in this waiting period are without insurance for the entire time. Many cannot afford to pay COBRA premiums to maintain coverage from their former employer, and private coverage on the individual market is unavailable or too expensive for this high-cost population, including many individuals with brain injuries.

In a formal statement circulated at the press conference, BIAA noted that, “In causing delay of proper treatment, this unnecessary waiting period promotes increased lifelong disability for individuals with brain injury and significantly decreases cost efficiency in medical and rehabilitative treatment.”

A copy of BIAA’s statement in its entirety, and the Coalition's letter, will be made available on the “Policy & Legislation” section of BIAA’s website -
CLICK HERE - shortly.




Congressional Brain Injury Task Force Newsletter - October 16, 2008

Congressional Brain Injury Task Force

NEWSLETTER

110th Congress

October 16, 2008

The Congressional Brain Injury Task Force Newsletter aims to educate and promote the awareness of brain injury, one of the driving missions of the Task Force. Below you will find recent legislative activity, studies and reports, media coverage, and upcoming events related to traumatic brain injury (TBI). We believe that knowledge and information can inspire the change needed to improve the lives of individuals suffering from TBI.

Approximately 1.4 million Americans experience traumatic brain injury (TBI) each year, and an estimated 5.3 million Americans are living with long-term, severe disabilities as a result of brain injury. TBI is the leading cause of death and disability among young Americans in the United States and has been named the signature wound of the War in Iraq and Afghanistan.

We hope that you and your staff find this newsletter informative. Please contact Mandy Spears
mandy.spears@mail.house.gov; 5-5751) in Rep. Pascrell’s office or Becky Wolfkiel rebecca.wolfkiel@mail.house.gov; 5-5836) in Rep. Platts’ office if you have questions about any of the information included in the newsletter, would like more information about the Task Force, or would like to join.

Sincerely,

Bill Pascrell, Jr.
Co-Chair
Todd Russell Platts
Co-Chair
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RECENT LEGISLATIVE ACTIVITY

FY 2009 Appropriations

Department of Defense - On March 19, 2008, members of the Congressional Brain Injury Task Force called on the House Defense Appropriations Subcommittee to provide $28 million to support the work of the Defense and Veterans Brain Injury Center (DVBIC) within the Defense Center of Excellence in Psychological Health and Traumatic Brain Injury. Status: Defense Appropriations were passed as part of the
2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008. The bill provided $300 million for TBI and psychological health research and treatment.

Department of Veterans Affairs - On August 1, 2008, the House of Representatives approved its version of the FY 2009 Military Construction and Veterans Affairs spending bill, which contained
report language encouraging continued partnership between the Department of Veterans Affairs (VA) and the Department of Defense (DoD) in treating soldiers with TBIs; revision of ICD-9 codes for traumatic brain injuries; the development of universal practice guidelines for TBIs, post-traumatic stress disorder (PTSD), and blast injuries; access to TBI and PTSD services through joint clinics; and projects to promote seamless transitions for individuals transitioning from DoD to the VA. Additionally, in a colloquy between House VA Appropriations Subcommittee Chair Chet Edwards and Task Force Co-Chair Bill Pascrell, Jr., Chairman Edwards agreed to work in Conference with the Senate to include language to recognize the relationship between and co-occurrence of TBI and PTSD among our armed serviced. Chairman Edwards also agreed to work with House Veterans’ Affairs Committee Chairman Bob Filner to work on suggestions related to the establishment of a community grant program to provide rehabilitative services to veterans diagnosed with TBI or PTSD and a “heroes’ homecoming pilot program” to evaluate the effectiveness of offering compulsory screening, evaluation, and treatment for mental health conditions such as TBI and PTSD.

The Senate Appropriations Committee approved its version of the FY 2009 Military Construction and Veterans Affairs spending bill, containing increased funding for medical research, including TBI research.

The bill allocates $526.8 million for medical research targeted to the veteran population, including research into mental health, post-traumatic stress disorder (PTSD), traumatic brain injury, polytraumatic physical activities and sensory abilities, such as hearing and vision loss. The bill also contains
report language directing the VA to establish and expand cooperative agreements with public and private groups to treat traumatic brain injury patients from the wars in Iraq and Afghanistan and to report on expanding the pool for expertise available to treat the injuries.

Veterans Appropriations were passed as part of the
2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008.

Department of Health and Human Services - On March 19, 2008, members of the Congressional Brain Injury Task Force called on the Appropriations Subcommittee on Labor, Health and Human Services, and Education to provide $30 million for programs authorized under the Traumatic Brain Injury Act, including $9 million for CDC TBI Registries, Surveillance, and Education; $15 million for HRSA TBI State Grants; and $6 million for HRSA TBI Protection and Advocacy Grants. Status: On June 26, 2008, The Senate Appropriations Committee mark-up approved its version of the
FY 2009 Labor-HHS-Education Appropriations bill, which level funds these programs at $14.5 million-including $8.8 million for HRSA TBI Grants and $5.7 million for CDC TBI programs. While the full House Appropriations Committee has not yet approved the Labor-HHS-Education bill, the Subcommittee’s mark-up includes a $17.6 million for TBI Act programs-including $11 for the HRSA TBI Grants and $6.6 million for CDC TBI programs. The programs were level-funded at the FY 2008 through March 2009 as part of the 2009 Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, which was signed into law on September 30, 2008.

TBI Awareness (
H.Con.Res. 91)

This resolution expresses the need for enhanced public awareness of TBI and support for the designation of a National Brain Injury Awareness Month. It currently has 59 co-sponsors

TRICARE Coverage of Cognitive Rehabilitation

On September 19, 2008, Task Force Co-Chairs Bill Pascrell, Jr. and Todd Russell Platts were joined by 65 of their colleagues in sending a
letter to Defense Secretary Gates calling for the coverage of cognitive rehabilitation therapy for brain injury patients under TRICARE, the military’s health care plan. Currently, cognitive rehabilitation therapy is excluded for coverage by TRICARE for brain injury patients. The letter argued that access to cognitive rehabilitation is a basic element of the continuum of care for brain injury patients and should be covered by TRICARE. Co-signers are currently awaiting a response from Dr. David Chu, the Under Secretary of Defense for Personnel and Readiness. A group of ten Senators sent a similar letter to Secretary Gates in August.

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RECENT STUDIES AND REPORTS

No empirically validated therapies exist to treat co-morbid PTSD, depression, and post-concussive disorders.

-VA Journal of Rehabilitation Research and Development, “Overlap of Mild TBI & Mental Health Conditions in Returning OIF/OEF Service Members and Veterans”

Rutgers Center for State Health Policy:
Issue Brief: A Survey of Medicaid Brain Injury Programs; March 2008

Findings: As of late 2007, 23 states operated Medicaid waivers targeted to individuals with brain injuries. Waivers for individuals with brain injuries have grown significantly in recent years, doubling from 5,400 individuals at a cost of $155 million in 2002 to 11,214 at a cost of $327 million in 2006.

The Journal of Athletic Training:
Concussion in Sports: Postconcussive Activity Levels, Symptoms, and Neurocognitive Performance, 2008

Findings: Among student athletes, activity level after concussion, which is considered a mild traumatic brain injury, affects symptoms and neurocognitive recovery. Athletes that engage in high levels of activity after a concussion demonstrated worse performance on brain tests; while concussed athletes engaging in moderate levels of activity demonstrated the best performance.

Department of Veterans’ Affairs’ Journal of Rehabilitation Research and Development: Guest Editorial:
Overlap of Mild TBI and Mental Health Conditions in Returning OIF/OEF Service Members and Veterans, 2008

Conclusions: An increasing number of Veterans Health Administration patients are presenting with overlapping mental health conditions such as PTSD and depression and cognitive conditions like mild TBI. Because there are no validated therapies to treat these co-morbidities, future efforts must include sharper attention to vigorous and interdisciplinary research into the relationship and treatment of mTBI and mental health conditinos.

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RECENT MEDIA COVERAGE

“To this day, some veterans-it is impossible to know how many-remain unscreened, their symptoms undiagnosed. […] Even now, with traumatic brain injury called the signature injury of the Iraq war, some soldiers and their advocates say that complications from mild concussions often are not recognized” -Lizette Alvarez, “War Veterans’ Concussions Are Often Overlooked”

Brain Trauma in Iraq, MIT Technology Review, June 2008

In Search of a Beautiful Mind, Boston Globe, July 12, 2008

I Wasn't Right, Jackson Hole Star-Tribune, July 12, 2008

Female Athletes Suffer More Head Injuries than Males, Boston Globe, July 14, 2008

Army Issues New Guidelines for TBI Care, Army Times, July 17, 2008

When Wounded Vets Come Home, AARP Magazine, July/August 2008

New Programs Target Shaken-Baby Syndrome, USA Today, July 22, 2008

More than a Headache: Surviving a Hole in the Head, MSNBC, July 23, 2008

Troops Brain Injuries Inspire a New Mission, USA Today, July 24, 2008

Protecting the Brain from Spiral of Damage, MSNBC, July 24, 2008

Invisible Blast, Indelible Wounds, Baltimore Sun, July 27, 2008

PTSD Leaves Physical Footprints on the Brain, San Francisco Chronicle, July 27, 2008

Pentagon Spends $300M to Study Troops Stress, Trauma, USA Today, August 5, 2008

Crystal Clue in Army Brain Injury, BBC News, August 7, 2008

Student Athletes Need Time for Brains to Recover from Concussion, USA Today, August 13, 2008

Many Brain Injury Patients Poised to Quit Nursing Homes for Freer Lives, Boston Globe, August 14, 2008

Doctors See Hope as Veterans Triumph over their Injuries, Tampa Tribune, August 15, 2008

War Veterans Concussions Are Often Overlooked, New York Times, August 26, 2008

Op-Eds: Support the Troops in Need of Care, New York Times, September 2, 2008

Pentagon Awards Big Grant to UCSD, San Diego Union-Tribune, September 10, 2008

Imaging Shows Why Injured Brains Work Harder, U.S. News & World Report, September 11, 2008

VA to Increase Benefits for Mild Brain Trauma, USA Today, September 23, 2008

Around the Nation: Disability Rules for Vets Change, Washington Post, September 24, 2008

Twelve Athletes Leaving Brains to Concussion Study, New York Times, September 24, 2008

School of Hard Knocks, Boston Globe, October 6, 2009

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UPCOMING EVENTS

Be on the lookout for the Report to Congress from the International Conference on Behavioral Health and Traumatic Brain Injury which was held in Paterson, NJ this week.

The International Conference on Behavioral Health and Traumatic Brain Injury brought together national and international expert neuroscientists, behavioral health specialists, and physicians to generate a comprehensive report to Congress with recommendations and priorities to address the psychological health difficulties and traumatic brain injury of our returning military veterans.

Experts on Brain Injuries to Gather, The Herald News, June 10, 2008

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Mandy Spears

Congressman Bill Pascrell, Jr. (NJ-08)

2464 Rayburn House Office Building

Washington, DC 20515

Phone: 202-225-5751

Fax: 202-225-5782




Brain Injury Association of America Legislative Alert - October 3, 2008

Dear Advocates:

In late breaking news from the United States Capitol, Congress has just approved a $700 billion financial bailout package, which also includes landmark mental health parity legislation (H.R. 1424/S. 558) and dozens of expiring tax breaks for businesses and individuals.

This legislation was sent in an expedited fashion this afternoon to President Bush who signed the measure into law hours after its passage.

As the previous edition of Policy Corner noted, several important legislative developments occurred last week, and this week’s edition of Policy Corner includes additional details about these developments as they pertain to brain injury policy.

It remains unclear whether Congress will return for a lame duck session in November after the elections, although at least a short session appears likely for the Senate the week of November 17. BIAA will provide an update on the remainder of this year’s congressional schedule as soon as this information available.

*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
CLICK HERE

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Congress Passes Financial Bailout Legislation, Mental Health Parity

In late breaking news from the United States Capitol, Congress has just approved a $700 billion financial bailout package, which also includes landmark mental health parity legislation (H.R. 1424/S. 558) and dozens of expiring tax breaks for businesses and individuals.

This marks a tremendous victory for mental health advocates and others who have supported efforts to enact a parity bill for years. This legislation will require private health insurers to offer mental health and addiction benefits equal in cost and scope to traditional medical benefits.

Earlier this year, BIAA strongly endorsed the House version of this legislation. In a letter officially endorsing the bill in March, BIAA noted, “An intricate and intertwined relationship exists between substance abuse, mental health, and traumatic brain injury (TBI). Substance use and abuse is often both an antecedent to and a consequence of TBI.”

Upon its passage this afternoon, one of the bill’s sponsors and leading champions, Congressman Patrick J. Kennedy (D-RI), stated:

“This legislation is one more step in the long civil rights struggle to ensure that all Americans have the opportunity to reach their potential. For far too long, health insurance companies have used the stigma of mental illness and substance abuse as an excuse to deny coverage for those biological disorders. That ends today when this critical legislation outlaws the discrimination that is embedded in our laws and our policies.”

Other bill sponsors and leading supporters include Rep. Jim Ramstad (R-MN) in the House of Representatives, as well as Sen. Pete Domenici (R-NM) and Sen. Edward Kennedy (D-MA) in the Senate. Late Senator Paul Wellstone (D-Minn.) was also a leading champion of this legislation.

Appropriations Update

Last week, the House passed an omnibus continuing appropriations bill to fund most government programs – including TBI and trauma-related programs - at Fiscal 2008 (last year’s) levels until March 6, 2009.

Over the weekend, the Senate also passed this omnibus legislative package and forwarded it to President Bush, who signed it into law just hours before the beginning of the new fiscal year on October 1.

This massive year-end spending package includes a Continuing Resolution (CR) which funds programs covered by nine unfinished appropriations bills (including the Fiscal 2009 Labor-HHS-Education Appropriations bill, which contains funding for key federal TBI programs) at Fiscal 2008 levels until enactment of the bills or March 6, 2009 - whichever comes first. This essentially leaves final funding decisions on domestic programs to the next Congress and president.

Within this CR, all civilian health programs, including TBI and trauma-related programs, are funded at Fiscal 2008 levels. These Fiscal 2008 levels, and thus continuing funding levels through the beginning of next year, are as follows:

CDC TBI Programs (HHS): $5.709 million

HRSA TBI Programs (HHS) (HRSA TBI State Grant Program and Protection and Advocacy Systems): $8.754 million

TBI Model Systems of Care (NIDRR/Department of Education): $8.155 million

In addition to the CR to provide continuing appropriations for most federal programs, the omnibus bill also includes three Fiscal 2009 appropriations bills in their entirety. These three appropriations bills are those that fund Defense, Homeland Security and Military Construction-VA for all of FY 2009.

The Defense appropriations measure included in this legislative package contains $300 million in funding for Traumatic Brain Injury and Psychological Health initiatives within the Department of Defense.

The Military Construction-VA appropriations measure includes $41 billion in funding for the Veterans Health Administration (veterans medical care), representing $1.8 billion above the President’s budget request earlier this year and $4.1 billion above 2008 levels. This funding bill also provides $510 million in funding for Medical and Prosthetic Research, including cutting edge research into areas such as Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury, suicide prevention, and polytrauma. This funding level for research represents $30 million above 2008 levels, and rejects a $38 million cut proposed by President Bush.

The Military Construction-VA appropriations bill contained in this omnibus legislative package also included important report language (strongly supported by BIAA) urging the Department of Veterans Affairs to increase returning servicemembers’ access to TBI care and expertise in the civilian sector. Specifically, the Explanatory Statement accompanying this bill states:

“The Appropriations Committees strongly urge the Department to establish and expand cooperative agreements with public and private entities with neurobehavioral rehabilitation and recovery experience in the treatment of Traumatic Brain Injury (TBI) as recommended in section 1703 of Public Law 110-181” [FY 2008 National Defense Authorization Act]."

In addition, the bill provides $200 million for fee-based services intended to allow the VA to tap expertise in the public and private sector for health care that may not be readily available within VA medical centers.

Congress Authorizes VA Epilepsy Centers of Excellence

Last week, the House passed an omnibus veterans health care package (S. 2612), including key provisions of The Epilepsy Centers of Excellence Act (H.R. 2818/S. 2004), which BIAA has strongly endorsed.

Over the weekend, the Senate also passed this legislation and it is expected to be signed into law by the President imminently.

The legislation, championed by the American Academy of Neurology and endorsed by BIAA, anticipates an expected increase in the number of TBI-related epilepsy cases among veterans returning from service in Iraq and Afghanistan. The bill will create up to six Epilepsy Centers of Excellence (ECoE) at the Department of Veterans' Affairs (VA), and is aimed at restoring the VA as a national leader in epilepsy care and research.

The bill was sponsored by Rep. Ed Perlmutter (D-CO) in the House of Representatives and Sen. Patty Murray (D-WA) in the Senate.

Congress Clears FY 2009 Defense Authorization Bill For President’s Signature

Within the past few days, Congress also passed the FY 2009 defense authorization bill (S. 3001). This legislation contains a “Sense of Congress on TBI Research.” Specifically, the bill states in Sec. 725:

“It is the sense of Congress that the requirement under section 1621(c)(7) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 453; 10 U.S.C. 1071note) to conduct basic science and translational research on traumatic brain injury includes pilot programs designed to test the efficacy of clinical approaches, including the use of pharmacological agents. Congress urges continued studies of the efficacy of pharmacological agents for treatment of traumatic brain injury and supports continued joint research with the National Institutes of Health in this area.”

BIAA Signs on To Coalition Letter Opposing Proposed Medicaid Outpatient Regulation

BIAA recently signed on to a coalition letter urging Congress to enact a moratorium on a regulation proposed by the Centers for Medicare and Medicaid Services (CMS) to restrict Medicaid reimbursement for outpatient services. This regulation is termed the “Medicaid Outpatient Clinic and Hospital Services Rule,” and it would reduce federal Medicaid funding to states for freestanding health clinics and hospital outpatient departments.

This regulation, published on September 28, 2007 - and expected to be finalized in November of this year - would cut Medicaid reimbursement to many types of outpatient services, including services utilized by individuals with brain injury. [72 Federal Regulation 55158 to 55166 (to be codified at 42 C.F.R. 440, 447 and sometimes referred to as CMS 2213-P).]

To prevent finalization of this rule, BIAA has joined the Consortium for Citizens with Disabilities in urging Congress to enact a moratorium delaying implementation of this harmful regulation through April 2009.

In a heartening development, this week Members of Congress introduced legislation aimed at enacting such a moratorium.

Yesterday, Sen. Charles Schumer (D-NY) and Sen. Hillary Rodham Clinton (D-NY) introduced the “Preserving Access to Healthcare” (PATH) Act of 2008, which would, among other provisions, delay the proposed Medicaid outpatient regulation by six months.

In addition, earlier this week, Rep. John McHugh (R-NY) introduced H.R. 7219, the Protecting Hospital Outpatient and Community Clinic Services Act of 2008, which would provide a moratorium on the regulation.

BIAA strongly supports these legislative efforts.

BIAA Representatives Attend Trauma Spectrum Disorders Conference

Multiple BIAA representatives attended this week a scientific conference titled, “Trauma Spectrum Disorders: The Role of Gender, Race & Other Socioeconomic Factors.”

This conference – jointly sponsored by the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, the Department of Veterans Affairs, and the National Institutes of Health - focused on identifying and sharing knowledge and lessons learned about gender and race as they relate to psychological health and traumatic brain injury.

Presentations made at this conference are expected to soon be made publicly available on the Defense Center of Excellence’s website: 
CLICK HERE




Brain Injury Association of America Legislative Alert - September 26, 2008

Dear Advocates:

As you probably already know, this week most of Congress’ focus centered on developing legislation to address the crisis facing the country’s financial markets. Late-breaking developments are occurring into the weekend.

However, in addition to working on legislation aimed at rescuing the nation’s financial services sector, a number of other bills are in play as lawmakers try to finish up work before adjourning for the year and hitting the campaign trail.

In response to the fact that no single Fiscal Year (FY) 2009 appropriations bill has been enacted this year, the House on Wednesday passed an omnibus continuing appropriations bill to fund most government programs – including key TBI programs - at Fiscal 2008 (last year’s) levels until March 6, 2009.

Also nearing completion is the FY 2009 defense authorization bill (S. 3001). The House passed an amended version of the bill under an expedited procedure on Wednesday and the Senate expects to consider the bill once again within the next few days. BIAA is currently working to clarify what TBI-related provisions are included in this bill.

In addition, this week the House passed an omnibus veterans health care package (S. 2612), including key provisions of The Epilepsy Centers of Excellence Act (H.R. 2818), which BIAA has strongly endorsed. BIAA is currently working to clarify what other TBI-related provisions are included in this bill.

BIAA is pleased to report on an exciting, historic moment which occurred this week in Washington: On Thursday, September 25, President Bush signed legislation to restore vital civil rights protections of the Americans with Disabilities Act (ADA). The ADA Amendments Act, which has been widely supported by disability advocacy organizations, including BIAA, will now become law.

Also of note this week was the Department of Veterans Affairs’ publication of a Final Rule to revise the VA Schedule for Rating Disabilities to provide detailed and updated criteria for evaluating residuals of traumatic brain injury (TBI). A copy of this Final Rule is available online 
CLICK HERE 

Although Congress was tentatively scheduled to adjourn for the year today – September 26 – at this point a final adjournment date is unclear, as it is expected that legislative proceedings will carry over into this weekend and possibly into next week as well.

In addition, it remains unclear whether Congress will return for a lame duck session in November after the elections, although such a session appears less likely to occur now that Congress seems well on its way to passing continuing appropriations funding the government through March of next year.

Please stay tuned, as the next edition of Policy Corner will contain expanded details on key legislation passed by the House this week, as well as information on the latest developments into next week.

*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 
CLICK HERE 

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Appropriations Update

In response to the fact that no single Fiscal Year (FY) 2009 appropriations bill has been enacted this year, the House passed on Wednesday an omnibus continuing appropriations bill to fund most government programs – including TBI and trauma-related programs - at Fiscal 2008 (last year’s) levels until March 6, 2009.

The package includes a Continuing Resolution (CR) which funds programs covered by nine unfinished appropriations bills (including the Fiscal 2009 Labor-HHS-Education Appropriations bill, which contains funding for key federal TBI programs) at Fiscal 2008 levels until enactment of the bills or March 6, 2009 - whichever comes first.

Within this CR, all civilian health programs, including TBI and trauma-related programs, are funded at Fiscal 2008 levels.

In addition to the CR to provide continuing appropriations for most federal programs, the omnibus bill also includes three Fiscal 2009 appropriations bills in their entirety. These three appropriations bills are those that fund Defense, Homeland Security and Military Construction-VA for all of FY 2009. BIAA is currently working to clarify funding in these bills related to TBI.

The Senate has not taken final action on this omnibus spending package, but House Appropriations Committee Chairman Obey has reportedly reached agreement on the measure with Senate leadership, and the Senate plans to consider the bill on Saturday, September 27.

VA Issues Regulations To Improve Disability Rating System For TBI

Also of note this week was the Department of Veterans Affairs’ publication of a Final Rule to revise the VA Schedule for Rating Disabilities to provide detailed and updated criteria for evaluating residuals of traumatic brain injury (TBI).

According to USA Today, issuance of this Final Rule marks the first time the VA has formally acknowledged “that veterans suffering from this less severe version of the Iraq war's signature wound will struggle to make a living.” (USA Today, 9/23/08, Gregg Zoroya).

BIAA is working on developing an analysis of these new regulations. A copy of the Final Rule is available online
CLICK HERE




Brain Injury Association of America Legislative Alert - September 19, 2008

Dear Advocates:

As this week’s legislative activity came to a close, Congress was struggling to deal with the crisis facing the nation’s financial markets, and the legislative calendar for next week remains fluid.

Although Congress was expected to adjourn next Friday, September 26, it remains unclear right now whether that adjournment date will hold. Further, with the anticipated addition of new legislation next week to address the crisis in the financial services sector, it seems even more likely than ever that Congress may return in November after the election to conduct a lame duck session. Stay tuned.

Meanwhile, several developments regarding federal brain injury policy occurred this week.

The Co-Chairs of the Congressional Brain Injury Task Force, Rep. Bill Pascrell (D-NJ) and Rep. Todd Platts (R-PA) sent a letter, signed by over 60 House members from both parties, to Defense Secretary Robert M. Gates urging TRICARE coverage of cognitive rehabilitation.

Also this week, the Congressional Brain Injury Task Force held a well-attended briefing featuring a presentation by BIA of Oklahoma Vice President Michael Paul Mason, a brain injury case manager and author of Head Cases: Stories of Brain Injury and Its Aftermath.

In addition, BIAA joined several other TBI stakeholders this week in circulating organizational sign-on letters to gather support from other advocacy groups in urging key appropriators to provide increased funding for federal TBI programs.

Finally, the House of Representatives passed, and cleared for the President’s expected signature, The ADA Amendments Act of 2008 (S. 3406) on Thursday, September 18. This legislation to clarify and update the Americans with Disabilities Act has been widely supported by disability advocacy organizations, including BIAA.

*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
CLICK HERE

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Congressional Brain Injury Task Force Urges TRICARE to Cover Cognitive Rehabilitation

This week, the Co-Chairs of the Congressional Brain Injury Task Force, Rep. Bill Pascrell (D-NJ) and Rep. Todd Platts (R-PA) sent a letter, signed by over 60 House members from both parties, to Defense Secretary Robert M. Gates urging TRICARE coverage of cognitive rehabilitation.

The letter follows a similar effort in the Senate – promoted strongly by BIAA - in which a group of 10 Senators issued a letter on August 4, 2008 to Secretary Gates urging official TRICARE coverage of cognitive rehabilitation.

In an impressive show of bipartisan support for TRICARE coverage of cognitive rehabilitation, the letter from Congressional Brain Injury Task Force Co-Chairs Pascrell and Platts garnered a total of over 60 additional signatories, representing support from Members of both parties.

The House letter states, “Our nation’s wounded warriors deserve world class health care. For this reason, we are concerned that cognitive rehabilitation therapy is excluded for coverage by the military’s health care plan TRICARE for brain injury patients. Access to cognitive rehabilitation is a basic element of the continuum of care for brain injury patients and should be covered by TRICARE.

BIAA is closely monitoring the situation and will share news of Secretary Gates’ response as soon as it is publicly issued.

Congressional Brain Injury Task Force Holds Briefing on Head Cases

On Tuesday, September 16, the Congressional Brain Injury Task Force held a well-attended briefing featuring a presentation by BIA of Oklahoma Vice President Michael Paul Mason, a brain injury case manager and author of Head Cases: Stories of Brain Injury and Its Aftermath.

Rep. Pascrell and Rep. Platts both made introductory remarks at the briefing, which was attended by a number of Capitol Hill staffers, as well as advocates from the brain injury community.

In a riveting presentation featuring audio and visual elements, Michael Mason gave Hill staffers a glimpse into the experience and many ramifications of traumatic brain injury, with a particular focus on the experience of combat-related brain injury, and the implications for individuals and society.

Thanks to a generous donation by the Neurologic Rehabilitation Institute at Brookhaven Hospital, complimentary copies of Head Cases were offered to Members of Congress and their staff at the event.

TBI Stakeholders Circulate Organizational Sign-On Letters

BIAA joined several other TBI stakeholders this week in circulating organizational sign-on letters to gather support from other advocacy groups in urging key appropriators to provide increased funding for federal TBI programs.

In addition to BIAA, the TBI stakeholders leading this effort include the International Brain Research Foundation, the National Association of State Head Injury Administrators, and the National Disability Rights Network.

Consistent with last week’s BIAA Legislative Action Alert, the letters urge senior House and Senate Appropriators to support funding levels for the Department of Health and Human Services traumatic brain injury (TBI) programs, as recommended by the House Labor-HHS-Education Subcommittee, and Senate Appropriations Committee-passed funding levels and language for the National Institute on Disability and Rehabilitation Research (NIDRR).

As a reminder, if you haven’t already, please visit BIAA’s Legislative Action Center at http://capwiz.com/bia/home/ <http://capwiz.com/bia/utr/1/IDSUJFFBAE/GNEMJFFBHJ/2410574781> to urge your elected officials to increase funding for federal TBI programs.

As in past years, Congress is not expected to finish appropriations before the end of the fiscal year on September 30. Instead, Congress will most likely need to pass an extended Continuing Resolution (CR) for Fiscal Year 2009 Appropriations to keep the government running into the next fiscal year beginning on October 1.

House Passes The ADA Amendments Act of 2008; Clears Bill for President To Sign

On Thursday, September 18, the House of Representatives passed, and cleared for the President’s expected signature, The ADA Amendments Act of 2008 (S. 3406). This legislation to clarify and update the Americans with Disabilities Act has been widely supported by disability advocacy organizations, including BIAA.

Thursday’s House action followed last week’s passage of the bill by the Senate. The bill will now be sent to President Bush, who is expected to sign the bill shortly.

This important legislation:

• Expands the definition of disability;
• Makes it easier for workers to prove discrimination due to a disability;
• Rejects the strict standards used by the Supreme Court to determine who is disabled.

BIAA has signed on to multiple coalition letters in recent weeks and months urging passage of this legislation. This legislation aims to restore the Americans with Disabilities Act to its original intent in the wake of a series of court rulings which disability advocates assert has resulted in a category of clinically disabled people who do not qualify for protections under the ADA.

The chief sponsor of the bill, Senator Tom Harkin (D-Iowa) said: "The Supreme Court decisions have led to a supreme adsurdity, a Catch-22 situation. The more successful a person is at coping with a disability, the more likely it is that a court will find that they are no longer disabled and therefore no longer covered under the ADA."

Senator Orrin G. Hatch (R-Utah) said that the bill, by establishing more generous coverage and protection, "will make a real difference in the lives of real people."





Brain Injury Association of America Legislative Alert - September 12, 2008

Dear Advocates:

Congress reconvened this week to begin its fall legislative session after a month-long summer recess.

The Brain Injury Association of America submitted formal testimony at a hearing held this week by the House Veterans Affairs Health Subcommittee. The hearing was held on Tuesday, September 9, and focused on several pieces of legislation, including H.R. 3051, The Heroes At Home Act of 2007, which BIAA has strongly endorsed.

BIAA also sent out a Legislative Action Alert this week, urging grassroots advocates to tell their elected officials in Congress to increase appropriations for federal TBI programs in the expected upcoming extended Continuing Resolution. To take action, please visit BIAA’s Legislative Action Center
CLICK HERE

In addition, the Senate passed The ADA Amendments Act of 2008 (S. 3406) on Thursday, September 11. This legislation to clarify and update the Americans with Disabilities Act has been widely supported by disability advocacy organizations, including BIAA.

In other news this week, it was announced that the University of California, San Diego (UC San Diego) School of Medicine will lead a $60 million, five-year, 10-site Clinical Consortium funded by the Department of Defense Psychological Health/Traumatic Brain Injury Research Program to conduct studies leading to the prevention and treatment of posttraumatic stress disorder (PTSD) and TBI. In a September 10 San Diego Union-Tribune article reporting on this new Consortium, BIAA CEO and President Susan H. Connors was quoted, stating, “This war, no matter how you feel about it, is going to make a monumental difference in the lives of people with brain injuries.”

***SPECIAL ANNOUNCEMENT*** : BIAA is excited to announce that the Congressional Brain Injury Task Force will be holding a briefing on Capitol Hill next Tuesday featuring a presentation by Michael Paul Mason, a brain injury case manager and author of Head Cases: Stories of Brain Injury and Its Aftermath. BIAA has been proud to help facilitate this educational event, which will be held on Tuesday, September 16, 2008 at 10:30 a.m., in Room 121 of the Cannon House Office Building. The briefing is open to the public, as well as to Members of Congress and their staff.

*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
CLICK HERE

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House VA Health Subcommittee Considers Heroes at Home Act of 2008

The Brain Injury Association of America submitted formal testimony at a hearing held this week by the House Veterans Affairs Health Subcommittee. The hearing was held on Tuesday, September 9, and focused on several pieces of legislation, including H.R. 3051, The Heroes At Home Act of 2007, which BIAA has strongly endorsed.

This important legislation, introduced by Rep. John Salazar (D-CO), would authorize the creation of a program within the Department of Veterans Affairs to provide training, certification and compensation to family caregivers acting as personal care attendants for returning servicemembers with severe TBI. BIAA submitted testimony in strong support of this bill, describing the importance of providing much-needed supports to family caregivers of individuals with brain injury.

BIAA’s testimony stated, “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. Unfortunately, despite these documented physical hardships and psychological stress, family caregivers receive little support.”

BIAA also continues to support similar legislation in the Senate, The Caring for Wounded Warriors Act (S. 2921), which was introduced earlier this year by Senator Hillary Rodham Clinton (D-NY). This bill would authorize a pilot program within the Department of Veterans Affairs to provide training, certification and compensation to family caregivers acting as personal care attendants for returning servicemembers with severe TBI. The Caring for Wounded Warriors Act would also authorize a pilot program to 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 with TBI.

Fiscal Year 2009 Appropriations Update

This week, BIAA sent out a Legislative Action Alert, urging grassroots advocates to tell their elected officials in Congress to increase appropriations for federal TBI programs in the expected upcoming extended Continuing Resolution (CR).

As in past years, Congress is not expected to finish appropriations before the end of the fiscal year on September 30. Instead, Congress will most likely need to pass an extended Continuing Resolution (CR) for Fiscal Year 2009 Appropriations to keep the government running into the next fiscal year beginning on October 1.

It is expected that most programs will be funded at last year’s levels in the upcoming CR which, depending on whether or not Congress holds a lame duck session after the November election, could extend into February of 2009, if not longer.

In addition to issuing its own Legislative Action Alert, BIAA has signed on to several other coalition letters urging Congress to provide increased funding for health programs in the CR and any eventual final Fiscal Year 2009 funding bill. One of these letters was spearheaded by The Coalition for American Trauma Care, and urges key appropriators to fund trauma-related programs – including TBI Act programs - at the highest level provided by either this year’s House or Senate Committee-passed Labor-HHS-Education Appropriations bills.

The other appropriations-related letter BIAA signed on to recently was led by the Coalition for Health Funding. This broad health letter urged appropriators and House and Senate leadership to ensure that all health programs in the Continuing Resolution receive increased funding as provided in this year’s House and Senate Committee-passed Labor-HHS-Education Appropriations bills. A total of 300 health groups signed onto this letter.

To take action, please visit BIAA’s Legislative Action Center
CLICK HERE

Senate Passes The ADA Amendments Act of 2008

In addition, the Senate passed The ADA Amendments Act of 2008 (S. 3406) on Thursday, September 11. This legislation to clarify and update the Americans with Disabilities Act has been widely supported by disability advocacy organizations, including BIAA.

According to a news article in CQ Today, this bill is designed to “clarify a landmark 1990 disability rights law [The Americans with Disabilities Act] in the wake of numerous Supreme Court decisions that lawmakers say have improperly narrowed the law’s scope” (CQ Today, 9/11/08, Karoun Demirjian).

BIAA has signed on to multiple coalition letters in recent weeks and months urging passage of this legislation. This legislation aims to restore the Americans with Disabilities Act to its original intent in the wake of a series of court rulings which disability advocates assert has resulted in a category of clinically disabled people who do not qualify for protections under the ADA.

The House passed its version of the legislation, H.R. 3195, earlier this year but is expected to take up the Senate’s version next week in order to expedite final passage and signature into law in coming weeks.




Brain Injury Association of America Legislative Alert - September 5, 2008

Dear Advocates:

As a month-long summer recess dominated by party politics and convention drama draws to a close, Congress plans to reconvene for its fall legislative session on Monday, September 8, 2008.

You may recall that unfortunately, due to technical difficulties the Brain Injury Association of America was unable to distribute the August 1, 2008 edition of BIAA Policy Corner. We apologize for this inconvenience, and thank you again for your patience.

This special Fall Outlook Special Edition of BIAA’s Policy Corner E-Newsletter contains numerous legislative updates on congressional activity which took place in the days right before the beginning of the summer recess period.

In addition, this Fall Outlook Special Edition includes a preview of the political climate expected to impact legislative proceedings over the next few weeks and months leading up to the November election.

*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
CLICK HERE

--------------------------------------------------------------------------------

BIAA Spearheads Senate Letter Urging TRICARE to Cover Cognitive Rehabilitation

Reflecting one of BIAA's biggest public policy accomplishments this year, a group of Senators issued a letter on August 4, 2008 to Defense Secretary Robert M. Gates urging official TRICARE coverage of cognitive rehabilitation.

The group of 10 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. Several major media outlets covered this story, and the press release announcing this letter included a quote from Democratic Presidential Candidate Barack Obama in which he described cognitive rehabilitation therapy as “one of the most accepted treatments for TBI.”

Throughout the summer, BIAA worked closely with Senator Bayh's office to support the development of this letter and to urge the support of 10 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, along with talking points in support of TRICARE coverage of cognitive rehabilitation, and a summary of evidence attesting the efficacy of cognitive rehabilitation, is available on BIAA's website
CLICK HERE

In another promising development, the Congressional Brain Injury Task Force is currently working on a similar effort on the House side.

House Approves Military Construction-VA Spending Bill Without TBI Amendments

Despite little progress on appropriations so far this year, the House of Representatives was able to pass its version of the Fiscal 2009 Military Construction-VA spending bill (H.R. 6599) by a vote of 409-4 on August 1, 2008.

This appropriations measure represents the only regular Fiscal 2009 appropriations bill to receive House floor consideration so far this session, and could also be one of the last. (See “Fall Outlook” section below).

The $118.7 billion Military Construction-VA appropriations bill includes $500 million for medical and prosthetic research, rejecting the President’s $38 million cut and representing $20 million over last year’s funding allocation for such research. In addition, the bill allocates $200 million for fee-based services to improve access to care where Veterans Health Administration services are not available; it is possible that such services could potentially include TBI care and rehabilitation services.

Two amendments filed by House Veterans Affairs Chairman Bob Filner (D-CA) related to veterans’ TBI care were subsequently withdrawn after bill manager Rep. Chet Edwards (D-TX) promised to work with Rep. Filner on his suggestions over the next several months.

One of the amendments filed by Rep. Filner would have allocated $250 million to establish a community grant program to provide rehabilitative services to veterans diagnosed with post-traumatic stress disorder (PTSD) or TBI.

Rep. Filner’s other TBI-related amendment would have designated $10 million to establish a “heroes’ homecoming pilot program” intended to evaluate the effectiveness of offering compulsory screening, evaluation and treatment for TBI (as well as mental health conditions, including PTSD), for active-duty servicemembers and veterans.

Meanwhile, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction-VA spending bill (S. 3301), on July 17, 2008. The Senate version of this funding bill contains increased funding for medical research, including TBI research. The bill also includes valuable report language directing the Department of Veterans Affairs (VA) to establish and expand cooperative agreements with public and private groups to treat traumatic brain injury patients from the wars in Iraq and Afghanistan, and to report on expanding the pool for expertise available to treat the injuries.

BIAA applauds this report language, as one of BIAA’s main federal policy goals continues to be increasing access to non-VA (civilian) TBI care providers when in the optimal interest of the service member, and BIAA remains very active on this issue on Capitol Hill.

House Defense Appropriations Subcommittee Approves TBI Funding

On a related note, the House Defense Appropriations Subcommittee passed its version of the Fiscal 2009 Defense Appropriations bill on July 30, 2008, including hundreds of millions of dollars allocated for TBI.

The funding bill approved by the Subcommittee includes $617 million for Traumatic Brain Injury and Psychological Health.

Senate Republicans Block The Advancing America’s Priorities Act

Unfortunately, on July 28, 2008, Senate Republicans rejected an effort to invoke cloture on The Advancing America’s Priorities Act (S. 3297), an omnibus measure containing several non-controversial bills, including important public health measures related to brain injury.

With the exception of three Republican Senators -- Norm Coleman of Minnesota, Gordon H. Smith of Oregon and John W. Warner of Virginia – all other Senate Republicans followed the lead of conservative Senator Tom Coburn of Oklahoma in blocking consideration of the legislation.

As you may recall, in July BIAA issued a Legislative Action Alert requesting that advocates call their Senators and urge them to vote for passage of this important legislation.

Among the nearly three dozen bipartisan, non-controversial measures included in this omnibus legislation were two bills which would help address the public health epidemic of brain injury in United States: The STOP Stroke Act (S. 999/ H.R. 477) and The Christopher and Dana Reeve Paralysis Act (S. 1183/H.R. 1727).

The STOP Stroke Act is bipartisan legislation by Senators Thad Cochran (R-Miss.) and Edward Kennedy (D-Mass.) that would help ensure that all stroke patients are treated as quickly and effectively as possible. Among other things, the STOP Stroke Act would authorize a grant program to help provide states with resources to ensure that patients have access to quality stroke education, prevention, treatment and rehabilitation services by establishing coordinated stroke care systems.

The Christopher and Dana Reeve Paralysis Act is a non-controversial, bipartisan bill which is primarily about two things: 1 - Advancing collaborative research in paralysis and 2 - Improving the quality of life today for people living with paralysis and mobility impairments from any cause -- stroke, traumatic brain injury, ALS, spinal cord injuries, and others.

It remains unclear whether there will be another opportunity this year in the Senate to pass the bills contained in this legislative package.

BIAA Again Urges Senators to Swiftly Pass the ADA Amendments Act

Once again, BIAA signed a coalition letter urging passage of the ADA Amendments Act of 2008 (H.R. 3195/S.3406). On August 8, 2008, BIAA joined a number of other groups in signing a letter which was distributed to Senators over the summer recess urging swift Senate enactment of the ADA Amendments Act of 2008 (S. 3406).

The Senate version of the bill (S. 3406) was recently introduced in that chamber on July 31, 2008. Earlier this summer, the House of Representatives passed its version of the bill (H.R. 3195) by an overwhelming margin of 402-17.

Department of Labor Announces Initiative to Help Veterans with TBI

On August 20, 2008, the United States Department of Labor announced a new initiative to help employers of veterans and others with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).

As part of this initiative, the Department of Labor unveiled the America's Heroes at Work website, which will "provide information about TBI and PTSD, as well as tools and guidance on how to implement workplace accommodations and other services that benefit affected individuals."

The America’s Heroes at Work website address is
http://www.americasheroesatwork.gov/

Fall Outlook

Although Congress is reconvening to begin its fall legislative session on Monday, this session is not expected to last long, given the universal need to campaign in the weeks leading up to the November election. The target adjournment date for the House of Representatives is September 26, leaving roughly three weeks for legislative activity to occur.

As soon as Congress returns on Monday, both chambers are expected to begin developing a Continuing Resolution (CR) to ensure continued funding for the government once Fiscal Year 2008 ends on September 30.

A CR is expected to take the place of the many regular Fiscal Year 2009 annual appropriations bills, because most of these appropriations bills will likely remain stalled this year. Note: The fiscal 2009 Military Construction-VA appropriations bill, as well as the Fiscal 2009 Defense Appropriations bill, are the only two regular Fiscal 2009 appropriations measures expected to possibly progress.

A CR would provide stopgap funding for the federal government as Fiscal Year 2009 begins on October 1, 2008.

Since a CR is expected to include funding for the federal agencies which house important TBI programs, there is an urgent need for advocates to call on elected officials to ensure sufficient funding is provided for these programs in the stopgap funding resolution.

Stay tuned to BIAA for a forthcoming Legislative Action Alert along these lines.



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