Advocacy
Nation Watch
Last Updated:
- Concord, NH
- Gov. John Lynch and the Executive Council approved a contract with the Brain Injury Association of New Hampshire of Concord for $404,203 (amended from a previous $305,000 contract), to support the Traumatic Brain Injury Post-Demonstration Grant Program.
- Reorganization – IA
- On April 19IA Governor Vilsack signed H.B. 2537. The legislation addresses the redesign of the system for services and other support provided for persons with mental illness, mental retardation or other developmental disabilities, or brain injury; and amends provisions regarding a managed care system for mental health proposed by a county.
- Trust Fund—SC
- In SC H.B. 3917, initially filed in 2003 to establish a State Brain Injury Trust Fund, passed the House of Representatives April 14, 2004, and has been sent to the SC Senate Committee on Transportation for further consideration. The proposed legislation provides for a $10 surcharge on aggressive driving offenses; provides for the manner in which the revenue generated by this surcharge must be used; establishes a trust fund board to administer the fund; and provides the procedures and requirements for disbursements from the fund.
- Distracted Driving
- A number of States have filed legislation prohibiting the use of hand-held phones while driving a motor vehicle. These States include: AL, AZ. CA. CO, CT, DE, District of Columbia, GA, ID, IL, IN, IA, KY, MD, MI, MN, MS, NE, NJ, NY, OK, PA, RI, SC, SD, TN, UT, VT, VA, WI, and WY. Most of the States have more than one bill filed addressing this issue, but with variations among the bills. While most of the proposed bills prohibit any driver from using a handheld phone, in some of these States bills have also been filed that would only apply to those who have a learner's permit or are in the first year of driving, or are of a certain age. In NY one bill prohibits drivers age 21 and older and another bill prohibits drivers younger than age 18 from using a hand-held phone. Bills filed in TN apply only to those who either have a learner's permit or truck driver's license. The only two bills filed in UT either prohibit use of hand-held phones for operators of school buses or prohibit use of phones by drivers under age of 17.
- Motorcycle Helmets
- As of July 2003, 19 States, the District of Columbia and Puerto Rico have laws that require all riders and operators of motorcycles to wear helmets. In five of these States bills have been filed that weaken the motorcycle helmet mandate: CA, MI, MO, VA, and WV. Bills filed in these States limit the requirement of helmet usage to certain age groups (either 18 or 21 and younger). The proposed legislation in MI adds additional requirements. The legislation waives the use of motorcycle helmets if the person is 21 and older, has been licensed to operate a motorcycle for not less than 2 years, and has completed a motorcycle safety course. Legislation was also filed in MS to restrict usage to those who are under 18 years of age, however, the bill died in committee. MS law requires riders of all ages to wear helmets.
- Trust Fund Increase—KY
- H.B. 157 increases the DUI service fees from $250 to $325 and specifies that 16% of the service fee shall be credited to the Traumatic Brain Injury Trust Fund and the Cabinet for Health Services for providing services to individuals with brain injuries. The bill also increases the cap for the Traumatic Brain Injury Trust Fund from $2.5 million to $3.25 million.
- Brain Injury Awareness—AK
- Legislators have filed H.C.R. 31 proclaiming March 2004 as Traumatic Brain Injury Awareness Month.
- Care Provisions—CO
- CO senators have filed S.B. 29 pertaining to medically fragile individuals, including individuals with traumatic brain injury. The bill sets forth a process by which an eligible individual may receive necessary care if the individual's family or care provider is unavailable due to an emergency situation or to unforeseen circumstances. The case management agency is to coordinate with the individual, the individual's family or guardian, and the individual's physician to include in each case plan a process by which the eligible individual may receive necessary care, which may include respite care. The eligible individual and the individual's family or guardian shall be duly informed by the case management agency of these alternative care provisions at the time the case plan in initiated.
- TBI Medicaid Waiver—NM
- On March 10, New Mexico Governor Richardson vetoed S.B. 113, the Brain Injury Waiver Bill. The proposed legislation established a Medicaid Home and Community-Based Waiver program for people with brain injuries who are Medicaid eligible to enable them to live in their own communities. The AP reported that the administration wasn't clear how expensive the program would be, or whether there were enough service providers available. In the report, the governor's chief of staff stated that the governor has asked the Human Services Department to study the feasibility of such a program and come up with a plan. The bill had passed both the House and Senate unanimously.
- Brain Injury Fund—CT
- On March 3, CT legislators filed S.B. 558 to establish the Brain Injury Prevention and Services Account from assessments to certain vehicle offenses, such as speeding, DUI, and reckless driving. The Department of Social Services will allocate funds as grants awared to the Brain Injury Association of Connecticut to conduct education, information, and resources to individuals with traumatic brain injury and their families.
- Trust Fund—TN
- A bill filed by TN legislators in 2003 has been referred to the TN House Committee on Finance, Ways, and Means Committee. H.B. 779 increases vehicular fines to increase revenue for the Traumatic Brain Injury Fund.
- Insurance—HI
- H.B. 2839 requires insurers, hospital, medical services plans, and health maintenance organizations to provide coverage for survivors of traumatic brain injury for necessary cognitive therapy, neuropsychological testing or treatment, or community reintegration activities. In early Spring, this provision was challenged by two study bills, H.S.C. 16 and S.C.R. 37 that request the auditor to assess the social and financial effects on health insurers required to offer coverage for cognitive r
- Matthew's Law Limiting the Use of Restraints—NJ
- To addresses the tragic situation that occurred at a New Jersey State-licensed facility in Haddonfield, where a teenage boy with autism was restrained and left unattended, NJ legislators filed two bills, A.B. 1709 and A.B. 205, to establish Matthew's Law Limiting the Use of Restraints, which will limit the use of physical and mechanical restraints on persons with developmental disabilities or traumatic brain injury. The prohibition is a condition of licensure for private agencies that serve persons with traumatic brain injury, requiring staff training in positive approaches to behavior.
Some materials excerpted from State Watch published by the TBI Technical Assistance
Center at the National Association of State Head Injury Administrators
under Contract No. 240-03-0014 from the Department of Health and Human Services (DHHS), Health Resources and Services Administration, Maternal and Child Health Bureau.
TOP «