Policy Corner: April 29, 2024

Federal Updates

House Energy and Commerce Committee Advances the TBI Act

On March 20, the full House Energy and Commerce Committee marked up H.R. 7207, the Dennis John Benigno Traumatic Brain Injury (TBI) Program Reauthorization Act, H.R. 7208. The bi-partisan bill is cosponsored by Congressional Brain Injury Task Force Co-chairs, Rep. Don Bacon (R-Neb.) and Rep. Bill Pascrell, Jr. (D-N.J.). The Subcommittee on Health previously approved an amendment to rename the bill for Benigno, a constituent of Rep. Bill Pascrell, Jr. (D-N.J.) and North Jersey resident who suffered a TBI when he was struck by a car as a pedestrian. The next order of business is for the bill to be considered by the full House.

ACL Releases a NIDILRR Toolkit

The U.S. administration for Community Living (ACL) has recently released the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDLRR) Toolkit to explain its history, role, framework, work, publications, and resources. NIDILRR’s funded activities focus on the three interrelated domains of community living and participation, health and function, and employment. NIDILRR funds the model systems on traumatic brain injury (TBI) to conduct research on rehabilitation and long-term outcomes of individuals living with a TBI. You may learn more about NIDILRR through its website: https://acl.gov/NIDILRR.

President Signs Remaining Spending Bills for FY 2024

On March 22nd, President Joe Biden signed into law a $1.2 trillion funding package that included the Labor, Health and Human Services, Education and Related Agencies (LHHS) and Department of Defense spending bills. This six- bill package funds most disability and brain injury-related health, prevention, education, home and community-based services, and related research programs. Most disability and brain injury-related programs were level-funded for FY 2024. It took Congress six months into the current fiscal year to finish funding government through Sept. 30, 2024, when FY 2024 ends. This spending package was passed just in time to avoid a government shut down.

State Updates

Washington

A Washington House Bill (HB 2248) would make changes to an existing law that established the Washington Traumatic Brain Injury Strategic Partnership Advisory Council. HB 2248 adds and amends some of the provisions put forth by the initial legislation. Some of the changes include:

• Members of the advisory council would be appointed by the governor of Washington
• The diversity of the state (in regards to race, socioeconomic status, etc.) must be reflected in the council
• The mandated reporting from the council must include a summary of expenditures
• The council meetings must be open to the public and be available for public comments
• The Department of Social and Health Services must provide funding to support at least one in-person support group in each region of the state
• Each program that receives funding for support groups make sure that the group meets at least quarterly and that meetings are free to attend

This bill was introduced in January 2024 and is making its way through the legislature. It is currently being considered by the House Appropriations Committee.

Idaho

Idaho legislators introduced SB 1288 in February, which if passed would add chiropractors to the list of qualified health professionals that can evaluate a youth athlete for a concussion and can clear a youth athlete to return to sports after sustaining a concussion.

New Mexico

Two brain injury bills entered the New Mexico state legislature during the 2024 session: SB 156 and SB 203. Both have been postponed indefinitely. SB 156 would make amendments to an existing Act, which would change the authority of administration of the brain injury services fund and would add more types of brain injury to those covered by the brain injury services fund. SB 203 would have appropriated $2.5 million to increase funding limits for eligible participants in statewide brain injury services programs.

Illinois

SB 3444, a bill regarding defendants in court found unfit to stand trial, was introduced in the Illinois state legislature in February. This bill addresses a range of mental health disorders that would prevent a person from being fit to stand trial. In addition to these conditions, traumatic brain injury (TBI) and brain diseases such as Alzheimer’s or dementia have been identified as being potential reasons why an individual may be unable to be in court. If a person with a TBI or other brain disease has been ruled unfit to stand trial, they may be referred to a treatment facility or program that has agreed to provide treatment to the defendant.

West Virginia

Late in March, the West Virginia legislature passed SB 632, which allows the state to conduct a study to determine if certain demographics would benefit from treatment instead of participating in the criminal justice system. This bill adds brain injury survivors to the groups to be studied.

Pennsylvania

Last month, Pennsylvania legislators introduced SB 1094 for consideration. This bill amends a prior Act that outlines coverage requirements for postacute neurorehabilitation. If the proposed amendments are accepted, medically necessary postacute treatment acquired brain injuries would be required to be covered by insurance providers. These treatments include:

• Cognitive communication therapy
• Cognitive rehabilitation therapy
• Neurobehavioral therapy
• Neurophysiological testing and treatment
• Neuropsychological testing and treatment
• Functional rehabilitation therapy
• Community reintegration services
• Postacute transitional rehabilitation treatment
• Day rehabilitation treatment
• Telerehab postacute rehabilitation services

New Jersey

Earlier this year, New Jersey introduced S 816 to the legislature. This bill would expand upon an existing bill and would allow funds from the Traumatic Brain Injury Fund to be used to offset the transportation costs incurred by survivors who must travel to attend support group meetings.

Massachusetts

Massachusetts has introduced H159 to the legislature this legislative session to establish an acquired brain injury advisory board. The board would consist of two members of the Senate, two members of the House of Representatives, two members from the Massachusetts Rehabilitation Commission, and eight members appointed by the Governor which would consist of caregivers, survivors, and brain injury providers. This group of individuals would review brain injury data, monitor the implementation of services, review and advise on the annual brain injury strategic plan, and review ongoing state public policy initiatives and state funding.