TBI

Last updated: 05/21/08

TBI Bill Passes Congress and President Signs into Law  

• After several years of work, both the House and Senate finally passed the reauthorization of the Traumatic Brain Injury Act and the President signed the bill into law (P.L.110-206). NDRN is pleased that the reauthorization effort is complete and hopes that Congressional support for this bill – and the fact that the President signed it into law – will stop the practice of the Administration annually proposing to zero out the program in its budget. Yes, there will be a new Administration in office when it comes time – February 2009 – for the FY 2010 budget. However, there is the possibility that very little will happen related to appropriations this year and that the FY 2009 budget in various shapes will still be hanging around come next year.

• The newly reauthorized TBI bill does not include language related to the expansion of P&A access into federal facilities. That is unfortunate because many soldiers are coming back from the war with TBI and facing problems accessing needed supports and services through either the Department of Defense or the Veterans Administration. The newly reauthorized bill does include language to align the PATBI funding cycle with that of other network programs. It also includes language that would provide a set-aside for technical assistance for the P&As – if PATBI funding ever reaches $6 million.

• The current struggle continues to be to convince Congress to not only restore funding for the PATBI program, but to increase funding to a level that actually would meet the needs of children and adults with TBI. In 2003 the program was funded at $3 million. For 2008 the program is funded at $2.94 million – the lowest funding level ever, and an obvious cut. While it is extremely positive that Congressional appropriators keep restoring funding for the program, what really is needed is an increase in funding to make up for the lack of increases in previous years AND the increase in demand for PATBI services. NDRN is proposing a $3.1 million increase in the program to $6 million.

• Effective protection and advocacy services for people with a traumatic brain injury can lead both to reduced government expenditures and increased productivity, independence and community integration. However, the advocate must possess specialized skills and the work is often time-intensive. A $6 million appropriation would trigger a formula that would increase minimum allotments to the states and help ensure that each state P&A can provide a significant program of brain injury protection and advocacy, with an appropriate level of staff time and expertise. In addition, because of language in the reauthorization bill, a $6 million appropriation also would provide a set-aside for technical assistance.

• In line with TBI incidence data, the majority of individuals provided advocacy through the PATBI program were male. In addition, while the PATBI program served individuals across the age-span -- from young children to seniors, the largest number of people served has been in the 19-64 age range. Consistent with the sophisticated and comprehensive approach of the P&A system, the program utilized a broad range of strategies to resolve individual’s issues -- including short-term assistance, investigations, mediation and alternative dispute resolution, negotiation, and administrative hearings; less than three percent of cases resulted in legal action being taken.

 

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