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During the week of January 30, the U.S. House of Representatives is expected to vote Wednesday on the Fiscal Responsibility and Retirement Security Act (H.R. 1173) a bill that would repeal the Community Living Assistance Services and Supports (CLASS) Act.

Calling on Congress to Avoid Repeal of the CLASS Act

If you want to help protect the CLASS Act, please call 855-218-2109 to connect with Congress. Here is what you can tell your legislators:

• I strongly support the Community Living Assistance Services and Supports (CLASS) Act. Please oppose H. R. 1173, which would repeal the program.

• The primary public program now covering long-term services and supports is Medicaid.

• The CLASS Act was designed to be a fiscally responsible alternative that will encourage more personal responsibility and give American families a structure for planning for their own long-term care costs.

• Every family needs this protection. No one has proposed a better alternative to CLASS Act for financing long-term services and supports.

• Please allow continued dialogue on the CLASS Act and development of a viable program moving forward.

Background: CLASS addresses the need for long-term care in the United States in a completely voluntary way that honors the need for consumer choice, dignity and independence – without forcing people to impoverish themselves to qualify for Medicaid. If CLASS is repealed without an alternative being put into place, the need for a coordinated long-term care system will only grow, as will the financial strain on Medicaid. The need for the program is reflected in its popularity with the American people. According to a joint Kaiser Family Foundation/Harvard School of Public Health poll, 76 percent of Americans support CLASS – including 69 percent of Republicans, 71 percent of Independents, and 87 percent of Democrats.

• Current attempts to repeal the CLASS Act really have nothing to do with CLASS – they are part of a continuing attempt to bring down health reform. On November 2, 2011, after Senator Thune’s attempt to repeal CLASS without debate or discussion, Senator Sessions stated, “I think this is a death knell for the entire health care concept.”

• Allowing CLASS to be repealed gives health reform opponents a long-sought political victory – without holding them accountable for solutions on long-term care. Opponents have not produced their own viable alternative to CLASS, and are willing to let the millions of Americans in need of long-term services and supports fend for themselves in a broken patchwork of programs.

• Repealing CLASS is no solution at all. Simply allowing CLASS to be repealed does nothing to address the dire need for real long-term care solutions. CLASS is not perfect, but repealing it without replacing it will not solve our growing long-term care crisis. Seniors, people with disabilities, and their caregivers have waited long enough for Congress to focus on this problem.

Preserving CLASS provides a framework for Congress to move forward effectively. This may involve working with some of the fiscally responsible options put forth by the CLASS Act actuary, tweaking or amending the law, and/or developing additional alternatives; but repealing CLASS turns out the light on real efforts to solve the problem.

On Friday September 9, 2011, the House Appropriations Subcommittee on Labor/HHS will consider a draft version of a Fiscal Year 2012 Health and Human Services, Education, and Related Agencies (Labor/HHS) bill. Contained in the bill will be provisions important to people with brain injury including programs authorized through the TBI Act as well as the TBI Model Systems of Care program. Although subcommittee consideration will likely be top line figures only, it is important that Members of Congress remember brain injury as a vital issue requiring broad attention.

It is essential that these underfunded programs gain the resources necessary to improve access to quality care for people with brain injury. Call your Congressmen now!

Take Action!

To contact your Member of Congress to urge them to tell the Subcommittee to support sustained and increased funding for TBI programs, call the Capitol Switchboard at (202) 224-3121 or 800-965-4701 and ask for your Member’s office. If you do not know who your Member of Congress is, visit www.house.gov and insert your zip code in the top right corner of the home page. Feel free to use the following script when speaking with Congressional staff:

Hello, my name is _______________ and I’m calling from ______________, which is in your district. Please register my support for TBI programs contained in the Labor/HHS/Education appropriations bill and urge Representative ____________ to support sustained and increased funding for the TBI Act and TBI Model Systems of Care found in the bill.

Please tell Rep. ____________ to voice his/her support for these programs to the Labor/HHS Appropriations Subcommittee which are vitally beneficial to people with brain injury and their families who reside in your district. It is critical that the Subcommittee consider this important issue while allocating funding during consideration of this legislation on Friday, September 9^th. Thank you for your continued support of people with brain injury.

Largely due to the advocacy of the Disability and Rehabilitation Research Coalition (DRRC), the Centers for Disease Control and Prevention (CDC) has announced that they will form the first Disability and Health Work Group to advance the health of people with disabilities.  With cross-agency representation, the work group will focus on incorporating disability status into CDC surveys, showcasing best practices, and ensuring relevant issues for people with disabilities are reflected in CDC programs and policies.

BIAA is pleased that these issues will be elevated within the CDC and will offer any assistance needed to further the group’s efforts.

As most of you already know, March is brain injury awareness month! BIAA will be unveiling its 2010 legislative agenda on Tuesday, March 2, 2010. Fact sheets outlining the agenda for this year including, access to care for both civilian and military populations, TBI Act and research funding, TBI Act re authorization, caregiver assistance, and support for the Congressional Brain Injury Task Force will be available on our website starting Tuesday!

San Francisco based trial lawyer Randall H. Scarlett, principal of The Scarlett Law Group, testifies before the California Senate Health Committee with Recommendations Regarding State Facilitated Treatment of California Survivors of Traumatic Brain Injury

For the first time in California’s history, the Senate Health Committee undertook extensive preliminary hearings yesterday on the issue of  Traumatic Brain Injury and its impact, fiscally and otherwise, on the State of California. These historic hearings involved approximately two hours of testimony and presentation by physicians and by members of the California Brain Injury Association. The hearings, promised to be the first in a number of educational and exploratory hearings on Traumatic Brain Injury, were telling as to the staggering costs associated with the treatment of survivors of Traumatic Brain Injury.

For a view of the complete hearings please visit the following link:

The hearings involved the testimony of several board members of the California Brain Injury Association, including Dr. Mark Ashley, Dr. David Hovda, Sharon Grandinette, and Randall H. Scarlett. The California Brain Injury Association also invited Dave Woodruff, co-founder of the Bob Woodruff Foundation (and older brother of Bob Woodruff) in order to address Traumatic Brain Injury issues relative California’s returning veterans.

Several recommendations were made by CALBIA to the Senate Health Committee, including the formal formation of a Traumatic Brain Injury taskforce to advise the California Governor’s Office, Senate and Assembly on these important and fiscally demanding topics. The packed hearings promise to be the first in a number of such hearings likely to be held on this important topic.

Mr. Scarlett addressed the Senate Committee on the issue of mild Traumatic Brain Injury, concussion and insurance coverage issues such as exclusions under the term “medically necessary”. Mr. Scarlett also addressed the Senators on the staggering costs of care associated with Traumatic Brain Injury.

Randall H. Scarlett, principal, concentrates his practice in the areas of  catastrophic personal injury,  traumatic brain injury, spinal cord injury, wrongful death and other serious wrongs. The Scarlett Law Group also handles cases involving product liability, aviation disaster, medical malpractice, international human rights, domestic civil rights, environmental and complex consumer actions.

To view the California Brain Injury Association Handout for this hearing, please see: Senate Hearings

The 9th Annual State of the Art con­ference was held in Napa, Califor­nia on November 21-22, 2008. Over 100 medical and legal professionals were in attendance, and as the direct ser­vice providers to persons with brain injury, they received continuing education units in relation to their fields and disci­plines. The topics covered ranged from pediatric brain injury and the initial resus­citation following TBI to the development and use of demonstrative evidence to legal Silverado Resort & Country Club Golf Course tactics, evidence and medical considera­tions in the trial of a TBI case. In addition, we were very pleased to have Ms. Susan Connors, President / CEO of the Brain Injury Association of America (BIAA) speak about the BIAA, The Voice of Help and Hope.

In addition to the conference, CALBIA once again held a Silent Auction and Golf Tournament to raise funds for the Association. Thanks to our many sponsors, we had numerous donations from the local wineries and other donors that provided gifts for auction. The golf tournament was held on Sunday, November 23rd and fortunately, it turned out to be a beautiful day to play golf and enjoy the majestic course at the Silverado Resort and Country Club.

The highlight of the weekend was trip to Castello di Amorosa, where conference attendees paid an addi­tional fee to tour the replica medieval castle, complete with 107 rooms, moat, drawbridge, fresco-lined walls, and torture chamber among the many other features. Wines from the V. Sattui Winery were featured, along with a gourmet buffet dinner provided by Alex’s Catering in the Napa Valley.

Proceeds from the conference and the above named activities benefited the California Brain Injury Association entirely. This would not have been possible without the many sponsors, as well as our esteemed speakers that donated their time and travel expenses to CALBIA. It is with great pleasure that CALBIA recognize the following individuals and organizations that contributed to the success of the conference:

CALBIA Board of Directors
Richard Adams, MD Mark J. Ashley, Sc.D. Kevin Burton Sharon Grandinette, MA Dennis Hays, Esq. David Hovda, Ph,D. Felice Loverso, Ph.D. Robert Ludlow Jr., Esq. Claude Munday, Ph.D. Nancy Payne Ann Perkins, MA Randall H. Scarlett, JD Patsy Sholders, MA

Medical Director
David Patterson, MD
Continuing Education

CME Credits

• Long Beach Memorial Medical Center
• Center for Health Education
• Richard Adams, MD
• Ruth Schweitzer, Director

MCLE Credits

• Scarlett Law Group
• Randall H. Scarlett, JD
• Deborah Swan

RN Credits

• Centre for Neuro Skills®
• Mark J. Ashley, Sc.D.
• Leigh Ann Toran

Exhibitors

Casa Colina Centers for Rehabilitation Centre for Neuro Skills® Creative Capital Defense & Veterans Brain Injury Center High Impact Litigation Learning Services Corporation MediVisuals Rehab Without Walls Santa Clara Valley Medical Center UCI Brain Imaging

Sponsors
Scarlett Law Group Centre for Neuro Skills® Law Cash Bostwick & Associates The Veen Firm, P.C. Malone Law Office High Impact Litigation Jones, Clifford, Johnson & Johnson Creative Capital Lasting Impression Promotional Products R.A.B. Motors, Inc. Gwilliam, Ivary, Chiosso, Cavalli & Brewer Newton Medical Group Law Offices of Hinton, Alfert & Sumner Shea & Shea Attorneys at Law Doehrman Chamberlain Attorneys at Law Nolan Law Group

Conference Planning Committee
Richard Adams, MD Mark J. Ashley, Sc.D. Paula Daoutis Patrick Johnson Lisa Kreber, Ph.D. Claude Munday, Ph.D. Bruce Nelson Randall H. Scarlett, JD Kavie VonHusen, OT

Volunteers
Sue Ashley Cheri Barnes Susan Hansen Clareen Hays Ellen Katomski Helen Nelson

Speaking Faculty
Robert Asarnow, Ph.D.
James Bostwick, Esq.
Frank Branson, Esq.
Susan Connors, BIAA President/CEO
Daniel Davis, MD
Thomas Doehrman, Esq.
Anthony Label, Esq.
Jeffrey Max, Ph.D.
Greg Muir, Esq.
Howard Nations, Esq.
Mayumi Prins, Ph.D.
Ronald Ruff, Ph.D.
Randall H. Scarlett, JD
Richard Schoenberger, Esq.
Scott H. Z. Sumner, Esq.
Mariusz Ziejewski, Ph.D., Inc.

Silent Auction Sponsors
Beringer Vineyards Beuhler Vineyards Cakebread Cellars Caymus Vineyards Charbay Winery & Distillery Charles Krug / Peter Mondavi Family Ehlers Estate Fremar Abbey Winery Frog’s Leap Winery Green & Red Vineyard Grigch Hills Estate Heitz Wine Cellars The Hess Collection Winery Milat Wine Company Monteicello Vineyards Nichelini Winery Nickel & Nickel Vineyards Pine Ridge Winery Raymond vineyards Rutherford Grove Winery Sebastiani Vineyards & Winery Sequoia Grove Winery Shafer Vineyards

Spottswoode Estate vineyard & Winery Staglin Family Vineyard Trefethen Vineyards Trent Ghringhelli Twomey Cellars V. Sattui Winery ZD Wines Denys & Donna Cazet David & Anita Cummings Tina Horn Lyne Brown J. Lohr Vineyards & Wines Bakersfield Condors Elephant Bar California Pizza Kitchen Tiger Woods Foundation Awesome Auction Deals Knights Jewelers San Diego Brain Injury Foundation Julie Stover – Julie Jewels

Pennsylvania motorcyclists suffered large increases in head injury deaths and hospitalizations in the two years following the repeal of its motorcycle helmet law, according to a University of Pittsburgh study. Even after accounting for increases in motorcycle registrations that occurred during this period, study authors noted a 32 percent increase in head injury deaths and a 42 percent increase in head injury-related hospitalizations, raising concerns about motorcyclists’ safety and the impact of this trend on health care costs.

Pennsylvania repealed its universal motorcycle helmet law in 2003. Under the current law, only motorcyclists under 21 and riders with less than two years experience who have not taken a safety course are required to wear helmets.

Study authors analyzed data from Pennsylvania’s departments of Health and Transportation during the years 2001-2002 and 2004-2005. They found helmet use by motorcyclists involved in reported crashes decreased from 82 percent to 58 percent in the two years after repeal.

The authors also looked at data from head injury and non-head injury deaths to determine specifically how many deaths were caused by not wearing helmets. They found the registration-adjusted head injury death rate increased by 32 percent, whereas the non-head injury death rate did not change.

“Our study shows that since the repeal of Pennsylvania’s motorcycle helmet law, helmet use has gone down, while head injuries from motorcycle crashes have gone up, even after increased motorcycle registration,” said Kristen Mertz, M.D., M.P.H., study lead author and assistant professor, Department of Epidemiology, University of Pittsburgh Graduate School of Public Health. “We looked at both head injuries and non-head injuries to get a clearer picture of the impact of the helmet law repeal. The relatively large increase in head injury deaths and hospitalizations after the repeal suggests that the law was protecting riders.”

The study authors looked at hospitalizations per 10,000 registrations from motorcycle crashes by examining discharge data compiled from all acute care hospitals in the state. They found an increase of 42 percent in the head injury hospitalization rate and a 2 percent increase in the non-head injury hospitalization rate. The number of headinjured, hospitalized motorcyclists requiring further care at facilities specializing in rehabilitation and long-term care increased 87 percent after the repeal, and increased 16 percent for non-head injured motorcyclists.

Total acute care hospital charges stemming from motorcycle-related head injuries increased 132 percent in the two years following repeal compared to 69 percent for non-head injuries.

“Our findings strengthen the argument for more comprehensive helmet laws that help protect riders and lower the cost of health care,” said Hank Weiss, Ph.D., M.P.H., study co-author and associate professor, Department of Neurological Surgery, Center for Injury Research and Control, University of Pittsburgh. “Serious head injuries, causing anything from shortterm memory loss, inability to concentrate to coma and death, can severely impact quality of life and affect not just those injured, but their families as well. Until a universal helmet law is reinstated, Pennsylvania needs effective voluntary strategies to increase helmet use.”

Motorcycle helmet laws have weakened nationwide since 1975, when the federal government stopped withholding highway money from states without such regulations. Only 20 states now have laws that require all riders to wear helmets.

The study is the military’s first large-scale effort to gauge the effect of mild head injuries that some experts worry may be causing a host of undiagnosed neurological deficiencies.
Read More Here…

Brain Injury Awareness Month — March 2006

Brain Injury Awareness Month was established to increase public awareness of brain injuries and their consequences and to address the needs of persons living with brain injuries, their family members, and caregivers. Each year in the United States, approximately 1.4 million persons sustain a traumatic brain injury (TBI); of these persons, approximately 50,000 die, 235,000 are hospitalized, and 1.1 million are treated and released from emergency departments (1). In addition, according to a 1999 report, an estimated 5.3 million persons in the United States have a long-term or lifelong need for help in performing activities of daily living as a result of a TBI (2).

In recognition of Brain Injury Awareness Month, the Brain Injury Association of America, with support from CDC, is offering educational kits that include 1) a TBI fact sheet, 2) booklets on topics such as how persons with TBI can transition to life after high school and overcome loneliness, and 3) a guide on initiating TBI awareness activities and events.

Additional information regarding Brain Injury Awareness Month is available and kits can be ordered at http://www.biausa.org/Pages/biam2006.htm or at telephone, 800-444-6443. Additional information regarding CDC’s TBI-related activities is available at http://www.cdc.gov/node.do?id=0900f3ec8000dbdc.

References

Langlois JA, Rutland-Brown W, Thomas KE. Traumatic brain injury in the United States: emergency department visits, hospitalizations, and deaths. Atlanta, GA: US Department of Health and Human Services, CDC; 2004.
Thurman D, Alverson C, Dunn K, Guerrero J, Sniezek J. Traumatic brain injury in the United States: a public health perspective. J Head Trauma Rehabil 1999;14:602–15.