Brain Injury Association of Wisconsin Looks for Volunteers for Sleep Study

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Posted on 29th December 2009 by Gordon Johnson in Uncategorized

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From the Brain Injury Association of Wisconsin:

The Sleep Wellness Institute Research Study
 
Many people with a traumatic brain injury may feel sleepy during the day, even if the injury happened years ago. Researchers are inviting those with a traumatic brain injury who feel sleepy during the day to take part in a clinical study. This study will assess how well a study medicine works for people who feel sleepy during the day as a result of traumatic brain injury.
 
To qualify you must:  
• Be age 18 to 65
• Have had 1 traumatic brain injury in the past 10 years
• Feel sleepy or tired during the day 5 or more days a week on average
• Be willing to take medical tests and a study medicine for 12 weeks
• Be available to sleep overnight in a sleep lab 5 times (some sleep labs are similar to hotel rooms)
 
This study will last 14 to 16 weeks (approximately 88 hours total) and include:  
•  7 visits
• 4 phone contacts
• 4 overnight sleep studies
• 4 daytime studies, three of which follow the overnight studies
 
If you qualify:  
• You may learn more about your sleep patterns
• You will receive study-related medical care and study medicine at no cost
• You may or may not benefit from study medicine
• Compensation for time and travel may also be provided 
 
If interested in participating in this research study, please contact Skyler Baake at 414-328-5637, skyler@sleepwell.org or Anne Papke at 414-477-4198, anne_papke@yahoo.com.
 
The Sleep Wellness Institute is located at 2356 S. 102nd Street, West Allis, WI  53227.  www.sleepwell.org
 
Sincerely,
Mark Warhus, Executive Director
Brain Injury Association of Wisconsin

Brain Injury Association of America Policy Corner E-Newsletter – October 3, 2008

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Posted on 5th October 2008 by Gordon Johnson in Uncategorized

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A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

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 go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________

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 Depart ment 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: http://www.dcoe.health.mil/.

Fatal shooting by police sparks Montreal riot

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Posted on 11th August 2008 by Gordon Johnson in Uncategorized

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In a bizarre postscript to last Saturday’s story about the racial riots of the past, one of the world’s most peaceful countries had an outbreak of urban rioting this weekend. (See the below story on the Montreal rioting) Gun violence has always been remarkably lower in Canada, largely because of much tighter gun restrictions. But conflict between urban police and poor people has always been a trigger, regardless of where it happens.

One of the lost areas of brain injury advocacy is in police brutality cases. As primarily an accident lawyer, I have only consulted on these cases, but those innocent victims of police brutality often suffer the same type of permanent brain damage as my accident clients.

We hope that Montreal returns to the serenity of which we think of it, and the Canadian authorities can be trusted to find the truth of what really happened.

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2008


Date: 8/11/2008 11:28 AM

MONTREAL (AP) _ Rioting broke out late Sunday in a Montreal neighborhood where a young man was shot to death by police over the weekend. A police officer was shot in the leg, stores were looted and firefighters were pelted with beer bottles.

Several hundred officers in riot gear fanned out in search of a group of youths who ran off after torching eight cars parked outside a fire station in Montreal North, a multiethnic neighborhood with simmering tensions between residents and police. Fire trucks responding to the call in Montreal North were pelted with beer bottles, while at least three bus shelters were trashed.

The violence erupted following a peaceful community protest against the shooting by police on Saturday of three people, including an 18-year-old man, identified by his sister as Freddy Alberto Villanueva, who died of his wounds.

On Sunday, men and women of all ages crawled through the smashed windows of a pawn shop, a convenience store and a butcher shop, grabbing anything they could. They could be seen running down the street clutching TVs, cigarette cartons and slabs of meat.

Meanwhile, along the residential streets, riot-squad officers were forced to dive for cover at least three times, after blasts of what sounded like gunshots went off around them.

“I had a guy shoot a gun next to me, that’s how bad it was,” said Patrick Parent, who lives on the street behind the convenience store. “I ran home. It was terrifying.”

Parent, who has lived in the area for six years, said locals occasionally hear gunshots but that usually the neighborhood is quiet.

“I thought I would see this only on TV, never in real life,” he said.

Montreal police spokesman Ian Lafreniere said one police officer was hospitalized after being shot in the leg.

An ambulance technician was hit in the head by a bottle and a second police officer suffered minor injuries, he said. Both were released from hospital after treatment.

Montreal police Chief Yvan Delorme said the mob vandalized three fire trucks, the local fire station and broke into 20 businesses.

Three people were arrested for breaking and entering, one for drug possession and two others for charges still to be determined, he said.

Quebec provincial police have taken over the investigation into the shootings Saturday that sparked the riots.

City police said the officers were trying to arrest an individual in Henri Bourassa Park around 7 p.m when they were surrounded by a group of about 20 youths.

A few individuals allegedly broke away from the group and rushed the officers.

According to police, one of the officers then opened fire.

The officers were not wounded.

Provincial police spokesman Gregory Gomez del Prado said there were numerous witnesses to the incident, including people playing sports or just sitting in the park nearby, he said.

“It’s too early to say what happened exactly. We’re talking about the death of a man. It’s a major investigation.”

Villanueva’s sister, Julissa, said from nearby Laval that family members want answers.

“We only know what we see in the news, in the newspapers, that’s all,” she said, breaking into tears as she spoke about her brother, a student who wanted to become a mechanic.

Delorme, the Montreal police chief, said authorities would make efforts to mend the shaky relations between police and the community.

“We’re there to listen, to understand what happened (Sunday) night and to avoid these kinds of situations,” Delorme said Monday. “We have to feel safe in Montreal.”

Copyright 2008 The Associated Press.

Another Waiting.com Coma Tragedy

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Posted on 19th July 2008 by Gordon Johnson in Uncategorized

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From another reader, who got solace from our advocacy on https://waiting.com:

Attorney Gordon Johnson

On Jul 14, 2008, at 7:31 PM, Alina Higuera wrote:
Hello My name is Alina I come from a family of ten kids 7 girls and 3 boys It seems as if my family and I are reliving the devastation of my brothers ( 3rd born ) brain injury that occured on Dec 3, 1979. his injuries were caused by blunt force trauma to the head, he fell out of the back of a pick up truck. The part of the brain that was damaged was at the brain stem. After being in a coma for 3 mo. he returned to us, having to relearn how to do everything, unfortunatly my brother never did regain use of his legs and was able to move his right arm only. he remained very inteligent as he was before this happened. All of his sences were very much intact including pain. He could’nt move anything but he could feel everything, I remember so many many times he would yell for me to come and scratch his itch because he was unable to and we all know how irritating that is, pain was another thing that my brother could feel, it would break my heart to see the unbearable pain on his face when he would be getting therapy or just cleaning him up. My brother lived in that hell for 31 yrs and never one time did I ever hear him feeling sorry for himself, he was always smiling and without fail the first one to say “Good Morning” and nerver forgot a birthday and was the one always doing the cheering up. We lost my brother on Feb 15, 2008 although he is greatly missed I am happy that he is no longer suffering from the bondage that he lived with and through for so many years. On July 12, 2008 my older sister ( 5th born ) 51 years old went into cardiac arrest while visiting another sister over the weekend, after returning from a quick errond as she walked into the front door she found my sister face down on the ground not breathing and with no pulse, she began to administer CPR immediatly, as she called out for help a neighbor came running who happens to be a lifegaurd and assisted my sister with CPR paramedics finally arrived still with no pulse or breathing they began chest compressions and then the electric paddles to try and start the heart, finally after about 15 mins they were able to feel a faint pulse. My sister now lays in a coma on a breathing machine with no responsive reaction. She was having seizures that were coming between every 15 to 30 secs of eachother. because of the lack of oxygen to the brain they say that she does have significant brain damage now to what extent we are not at all sure. Seeing my sister hooked up to machines and just laying there is a de ja vu of 31 years ago. My heart is breaking for my mom because as before she sits along side of my sisters bed talking to her and insisting that she will be just fine as she did with my brother. I can only hope and pray that she comes out of this and returns back to normal ( as normal as possible ) for the sake of my sister she would never want to live as my brother did ( we have all discussed it many times ) and as for the sake of my mom I can only hope and pray and hope and pray that she is strong enough to handle whatever the outcome will be. Only time will tell the fate of my sister, I love her and I miss her sooo very much and God willing she will come back the way she was.

Thank You for reading my story and even more for allowing me to write about it and somewhat releasing it from inside of me.

Alina Higuera

Hello Gordon,

I was so hoping to get a reply back from you. I am very sad to say that after sending this email, we were informed that due to the lack of oxygen to the brain, that my sister was brain dead and that they could do no more for her. She was removed from the machines and to much surprize was breathing on her own for about 36 hrs. she passed away July 18. You absolutley have my permission to post this on your blog, I can only hope that it will bring some comfort to the surviving relatives that they are not alone. Thank You so much for your response.

Alina Higuera

Kudos for our Coma Advocacy

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Posted on 16th July 2008 by Gordon Johnson in Uncategorized

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From a user of https://waiting.com:

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2008


I was thumbing through some old email and I ran across yours. I remember writing you when my mother fell into coma. I remember how helpful this website was to me. How you help me and my family to understand what my mother was going through. I especially like how this site explained all the many different tubes and meaning of words surrounding coma. It educated me, it made me apart of the process. I enjoyed that very much.

My mother was 68 years old and lost the battle of recovery, however, this site helped me to deal with that also. This site gave me hope and kept me inform of what could happen. This site helped prepared me for the future without my mom. I thank God for giving me the strength to go though this and I thank you for educating me on coma so that I know what to pray for. My mother was laid to rest April 5, 2008. Thank you for being there for me.

Sonia

Obama and McCain urged to Attend Military Head Injury Conference

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Posted on 12th July 2008 by Gordon Johnson in Uncategorized

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From the Brain Injury Association of America:



Dear Advocates:

BIAA issued a press release today urging both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Forth Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to occur on August 11, 2008.

In other news, in a welcome and surprising turn of events this week, the Senate voted by a veto-proof margin to pass a key Medicare bill (H.R. 6311), which the House and Senate had previously been unable to agree on before the July Fourth congressional recess. The final Medicare package, which will prevent deep cuts in Medicare payment rates for physicians which had been scheduled to begin on July 1, was previously passed by the House on June 24.

The Medicare bill also contains important delays in the implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), and an extension of the Medicare outpatient therapy cap exceptions process.

It is anticipated that President Bush will veto the bill, however, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. Thus, it is extremely important that advocates visit BIAA’s Legislative Action Center to take action TODAY to urge their Senator to vote to override the President’s expected veto. To do so, please visit http://capwiz.com/bia/callalert/index.tt?alertid=11604356.

The Fiscal Year 2009 appropriations process to be stalled, as the House Appropriations Committee does not plan on marking up any more bills this summer after a partisan dispute erupted in recent weeks over amendments on energy policy. And while the Senate Appropriations Committee plans to have all 12 of its bills approved by the panel by the end of this month, Senate Majority Leader Harry Reid (D-Nev.) said this week that action on appropriations in his chamber will be very limited during the next few months.

*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/
__________________________________________________________________

BIAA Urges Presidential Candidates to Participate in Fort Hood Town Hall Event

BIAA issued a press release today urging both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Fort Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to occur on August 11, 2008.

The Consortium planning the event includes a diverse group of military, veterans and community-service organizations, including Disabled Veterans of America, the Brain Injury Association of America, and Sentinels of Freedom. These groups are working in partnership with the military, the Department of Veterans Affairs, state and local governments, and faith and community-based organizations to deliver services and support to our military, veterans and families.

In the press release, BIAA President and CEO Susan H. Connors states, “Traumatic brain injury (TBI) is a common consequence of any war. TBI is recognized as the ‘signature wound’ of the current conflict; yet, accessing the right treatment, right now remains a challenge for many wounded service members and veterans. Our troops and the millions of civilians who sustain TBIs here at home need proper screening and diagnosis, expert rehabilitation, and ongoing community-based services. Family caregivers need information, training and support, and voters everywhere need to let the presidential candidates know where we stand.”

To view BIAA’s press release in its entirety, please visit our website at http://www.biausa.org/policyissues.htm.

Surprise Appearance By Senator Kennedy Pushes Senate to Pass Medicare Bill

In a welcome and surprising turn of events this week, the Senate voted by a veto-proof margin of 69-30 to pass a key Medicare bill (H.R. 6311), after a unexpected, dramatic appearance and “aye” vote by Sen. Edward M. Kennedy (D-MA) on Wednesday. Sen. Kennedy had not been in the Capitol for six weeks, as he is recovering from surgery in early June to remove a malignant brain tumor.

The House and Senate had previously been unable to agree on a Medicare package before the July Fourth congressional recess. The final Medicare bill, which would prevent deep cuts in Medicare payment rates for physicians which had been scheduled to begin on July 1, was overwhelmingly passed by the House on June 24, but before Senator Kennedy’s appearance had been unable to gain Senate passage.

In addition to replacing a 10.6 percent cut to Medicare’s physician payment rates with 18 months of stable payments, the Medicare bill also contains an 18-month delay in implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), as well as an 18-month extension of the Medicare outpatient therapy cap exceptions process.

It is anticipated that President Bush will veto the bill, however, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. If the President delays acting on the bill, or Congress is unable to override an expected veto, the physician payment cuts and DME competitive bidding program will go into effect, and the outpatient therapy caps exceptions process will continue to be expired (as of June 30, 2008). Thus, it is extremely important that advocates visit BIAA’s Legislative Action Center to take action TODAY to urge their Senator to vote to override the President’s expected veto. To do so, please visit http://capwiz.com/bia/callalert/index.tt?alertid=11604356.

Fiscal 2009 Appropriations Process Still Stalled

The Fiscal Year 2009 appropriations process continues to be stalled, as the House Appropriations Committee does not plan on marking up any more bills this summer after a partisan dispute erupted in recent weeks over amendments on energy policy. And while the Senate Appropriations Committee plans to have all 12 of its bills approved by the panel by the end of this month, Senate Majority Leader Harry Reid (D-Nev.) said this week that action on appropriations in his chamber will be very limited in the next few months.

There continues to be widespread speculation that this year’s appropriations process will eventually become stagnant this fall, as Democrats may wait for the president to leave office before completing work on the funding bills in order to avert a promised veto.

CQ Today reported earlier this week, “Reid (D-Nev.) said his chamber will likely consider, at the most, two fiscal 2009 appropriations bills this year before passing a continuing resolution (CR) in September that would keep the government funded at current levels into early next calendar year, when a new president takes office. The new fiscal year begins Oct. 1” (CQ Today, David Clarke, 7/10/08).

The full Senate Appropriations Committee has approved the Labor, Health and Human Services (HHS), and Education funding bill, which provides the same funding amounts for several TBI programs as last year. This includes $5.7 million for TBI programming within the Centers for Disease Control and Prevention (CDC) and $8.754 million for the HRSA TBI State Grant Program.

The House Labor, Health and Human Services (HHS), and Education Appropriations funding bill has only been passed by the House Subcommittee and not the full House Appropriations Committee. The House Subcommittee markup contains increased funding for some federal TBI programs compared to last year. The bill includes $11 million for the HRSA TBI State Grant Program (+$2.246 million over last year) and $6.6 million for TBI programming within CDC (+$0.9 million over last year).


We agree that one of the most pressing issues for the next administration, is better care for returning vets, and also for all brain injury survivors.

A Weekly Update on Federal Policy Activity Related to Traumatic Brain Injury

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Posted on 30th June 2008 by Gordon Johnson in Uncategorized

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From the Brain Injury Association of America:

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447

Brain Injury Association of America
Policy Corner E-Newsletter – June 27, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

Dear Advocates:

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

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

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

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

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

Also this week, the Senate approved a compromise version of the war supplemental funding bill, readying the legislation for president’s expected signature. This legislation contained a moratorium – strongly supported by BIAA – on the implementation of several harmful Medicaid regulations.

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

Please note that the next issue of Policy Corner will be published on Friday, July 11, as Congress is in recess 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 to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________

Labor-HHS-Education Appropriations Bill Advances in Senate; Stalls in House

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

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

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

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

Senate Veterans Affairs Committee Approves Caring for Wounded Warrior Act Provisions

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

Provisions in the legislation, which was recently introduced by Sen. Clinton (D-NY), would strengthen supports for family caregivers of returning servicemembers with TBI. Specifically, provisions would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.

A quote from BIAA President and CEO Susan H. Connors was included in Sen. Clinton’s press release announcing passage of the bill’s provisions:

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

BIAA will continue to monitor the progress of this important bill, and thanks advocates for urging their Members of Congress to become cosponsors of this legislation.

House Passes ADA Amendments Act of 2008 By Wide Margin

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

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

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

Brain Injury Association Urges Support for Wounded Warriors Act

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Posted on 8th May 2008 by Gordon Johnson in Uncategorized

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From the Brain Injury Association of Wisconsin:

Dear Friends:

Take Action!
Urge Your Senator to Cosponsor The Caring for Wounded Warriors Act of 2008
BIAA (Brain Injury Association of America) has endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI. Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.

BIAA encourages you to urge your Senator to sign on as a cosponsor of this important legislation.

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

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

The second pilot program would leverage existing partnerships between Veterans Affairs facilities and the nation’s premier universities, training graduate students to provide respite care for families caring for wounded warriors suffering from TBI.
To urge your Senator to become a cosponsor of S. 2921, click on the ‘Take Action’ link in the upper right corner of this email.

The Brain Injury Association of Wisconsin and the Brain Injury Association of America support this legislation.

If you have trouble with the “Take Action” button at the top, please let BIAW know. To “Take Action” visit www.biausa.org. Click on Policy & Legislation, then Legislative Action Center, and then Take Action.

Sincerely yours,

Pat David
Brain Injury Association of WI
For those not in Wisconsin, your Senators and Congressmen can be found at http://www.senate.gov/ and http://www.house.gov/

Brain Injury Association to Hold Caregivers’ Conference

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Posted on 7th May 2008 by Gordon Johnson in Uncategorized

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Caregivers’ Conference

The National Brain Injury Caregivers’ conference will be held in Dallas, TX on June 6-8, 2008 at the Westin Dallas Fort Worth Airport Hotel. The conference provides, caregivers of a person with a brain injury, support and guidance.

The conference will feature numerous medical professionals, over 25 experts and Lee Woodruff, special guest and best selling author. Lee Woodruff is the wife of Bob Woodruff, who suffered a brain injury in the Iraq War. His story is well chronicled, see for example: http://abcnews.go.com/WNT/Story?id=2904214

The conference is presented by The Brain Injury Association of America (BIAA). BIAA was founded in 1980, as an organization that supports individuals that are affected or individuals that have someone close that has been affected by a traumatic brain injury, by providing information and education.

Other speakers:
Joseph C. Richert
Chair, Brain Injury Association of America
President & CEO, Special Tree Rehabilitation System

Gregory J. O’Shanick, MD
President/Medical Director, Center for Neurorehabilitation and
National Medical Director, Brain Injury Association of America

Thomas Kay, PhD
Director Neuropsychology, Carmel and Associatates

Sarah Wade
Spouse of Injured Veteran

John Corrigan, PhD
Director, Ohio Valley Center for Brain Injury Prevention and Rehabilitation

Michael Howard, PhD
Clinical and Rehabilitation Psychologist, Lecturer
Biomed General Corporation

Janet Tyler, PhD
Director, Kansas TBI Project

Julie Peterson-Shea
Parent of child with brain injury

Lisa Silver
Transition Assistance Advisor, West Virginia National Guard

Peggy Keener
Parent of Person with Brain Injury

Faye Eichholzer
Spouse of Person with Brain Injury

Cheryl Amoruso
Sibling of Person with Brain Injury

Richard P. Bonfiglio, MD
Medical Director, HealthSouth Harmarville

Mike Davis, CBIS-CE
Neurological Case Management Associates

James Mikula, PhD
Neuropsychologist, Private Practice

Carolyn Rocchio
Caregiver of Person with brain injury

Laura Schiebelhut
Director of Public Policy, Brain Injury Association of America

Tim Feeney PhD
Executive Director, School and Community Support Services

Planning for the Transition from School Services to Adulthood
Linda Wilkerson, MSEd
President, Minds Matter LLC

Janet Tyler, PhD
Director, Kansas TBI Project

Visual Changes after Brain Injury
William Padula, OD
Director, Padula Institute of Vision Rehabilitation

Vocational Options After Brain Injury
Brandy Reid
Team Leader/Vocational Evaluator, Pate Rehab Dallas, TX

Kellie Manderfeld
Clinical Manager, Pate Rehab Dallas TX

Bill Ditto
Director, New Jersey Division of Disability Services


Tina Trudel, PhD
President/COO, Lakeview Healthcare Systems, Inc.

Susan H. Connors
President & CEO, Brain Injury Association of America

For further information:
http://biausa.org/livingwithbi.htm

TBI Act Signed into Law

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Posted on 4th May 2008 by Gordon Johnson in Uncategorized

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From the Brain Injury Association:


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

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.
__________________________________________________________________

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.