Brain Injury Lawyer Blog

Brain Injury Association of America
Policy Corner E-Newsletter – May 2, 2008
A weekly update on federal policy activity related to traumatic brain injury
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Dear Advocates:

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

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

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

In addition, after the House of Representatives passed by a veto-proof margin last week important legislation which would place a moratorium until March 2009 on several harmful Medicaid regulations (H.R. 5613), the fate of the bill was left up to the Senate. Earlier this week, Senate Majority Leader Harry Reid (D-NV) attempted to bring the bill up on the Unanimous Consent Calendar, but this attempt was blocked by Senator Coburn (R-OK). Now there is an effort to get the bill included in the FY 2008 Supplemental Appropriations bill. BIAA continues to strongly endorse H.R. 5613 and supports efforts to include the bill in the FY 2008 Supplemental Appropriations bill.

As a final note, BIAA is waiting to see if Congress will be able to establish a budget this year before sending out its Legislative Action Alert on FY 2009 TBI Appropriations. There is speculation that Congress may indeed be able to achieve a budget agreement in the upcoming next few weeks, and BIAA’s Appropriations Action Alert will be sent out shortly thereafter.

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

The Policy Corner is made possible by the Adam Williams Initiative, Centre for Neuro Skills, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
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President Bush Signs TBI Act Reauthorization Bill Into Law

This week marked a major legislative victory for the brain injury community, as President Bush officially signed into law legislation reauthorizing the TBI Act (S. 793) on Monday, April 28! Congratulations to all BIAA state affiliates, advocates, and national stakeholders who helped make TBI Act reauthorization a reality.

BIAA issued a press release applauding this major accomplishment, noting that achieving successful reauthorization of the TBI Act has been BIAA’s biggest federal legislative priority this year.
BIAA President and CEO Susan Connors said, “TBI is recognized as a signature injury of the conflicts in Iraq and Afghanistan. The programs authorized by the TBI Act play a critical role in improving the nation’s ability to meet the needs of individuals with brain injury, military and civilian alike.”

This major policy accomplishment simply would not have been possible without the tremendous efforts of BIAA state affiliates, advocates, and collaboration among national stakeholders, as well as the leadership of numerous Members of Congress and the dedicated efforts of their staff members.

In particular, BIAA expresses profound appreciation for the leadership efforts of Senator Edward Kennedy, Senator Orrin Hatch, Representative Bill Pascrell, Representative Todd Platts, Representative John Dingell, and Representative Frank Pallone, all of whom played critical roles in ensuring the progress of this bill.

To view a copy of BIAA’s press release, please visit our website at http://www.biausa.org/policyissues.htm.

BIAA Strongly Endorses The Caring for Wounded Warriors Act of 2008

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

The bill would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.

The first pilot program, which would provide for training, certification and compensation for family caregiver personal attendants for veterans and members of the Armed Forces with TBI, is very similar to a provision in last year’s Heroes At Home Act of 2007 (S. 1065/H.R. 3051), which BIAA also strongly endorsed.

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

Note: The legislation specifies that the curricula for the TBI Family Caregiver Personal Care Attendant Training and Certification Program “shall incorporate applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations.” The legislation further specifies that the VA should also use such applicable standards and protocols in providing training for graduate student respite care providers.

A copy of BIAA’s Letter of Endorsement for S. 2921 will be available shortly on our website at http://www.biausa.org/policyissues.htm.

VA Inspector General Releases Report Criticizing TBI Care for Veterans

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

The report, which was conducted at Senate Veterans Affairs Committee Chairman Daniel Akaka’s (D-HI) request, found specifically; “While case management has improved, long-term case management is not uniformly provided for these patients, and significant needs remain unmet.”

A copy of the report can be found at http://www.va.gov/oig/54/reports/VAOIG-08-01023-119.pdf.

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.