The Traumatic Brain Injury (TBI) Act is a Federal Law that defines public policy in the areas of prevention, education, research and community living for people living with TBI and their families.

The TBI Act was reauthorized as part of the Children's Health Act of 2000.  Funding for the act's initiatives are defined yearly and in fact, recent years have been under funded by several million.  Funding for fiscal year 2006 is now the issue.

The Brain Injury Association of America encourages advocates to strongly urge Congress to:
1. Restore and increase funding for the HRSA and CDC TBI Projects to
* Continue and expand State and national capabilities for data collection and surveillance
* Link families and individuals with traumatic brain injury to resources and services in a timely fashion
* Expand public awareness and knowledge of traumatic brain injury
* Continue valuable research to improve rehabilitation outcomes
* Continue and expand funding to States to improve service delivery
* Continue and expand funding to state Protection & Advocacy Systems to inform, refer and assist individuals with traumatic brain injury with self-advocacy
2. Reauthorize the TBI Act

The Brain Injury Association of America's website makes it easy to contact your legislators.  http://capwiz.com/bia/home/

Fiscal Year 2006 faces a tough fight, so we must be aggressive in what we ask for or we won't get anything.

The Olmstead Decision is the result of the U.S. Supreme Court's ruling in the Olmstead v. L.C. case.  The ruling states that unjustified institutionalization of individuals with disabilities may constitute discrimination under the Americans with Disabilities Act (ADA).  (read more)

As a result, the Health Care Financing Administration (HCFA) issued a guidance letter to State Medicaid directors regarding State integration requirements outlined in Olmstead. The HCFA letter listed specific recommendations for the States to comply with the law.

HCFA asked the States to:

- develop a comprehensive and effective work plan to strengthen community service systems;

- involve people with disabilities and their family members and representatives;

- use the HCFA technical assistance material as a guide in the planning process; and

- inform HCFA of questions and ideas regarding helpful technical assistance.

BIAOH is currently involved in a state-wide Task Force to help address the issues in the Olmstead Decision within the state of Ohio.

From the Ohio Developmental Disabilities Council:

Since 1975, the Individuals with Disabilities Education Act (IDEA)
has enabled millions of children with disabilities, between the
ages of 6 and 21 years, to set high goals and reach their potential.
Thanks to this landmark civil rights law, more than 6 million
students with disabilities receive a free, appropriate public
education (FAPE). More than 800,000 infants, toddlers and
preschoolers with disabilities get the special services they need
to get a good start in life.

In 2004, legislation was passed which amended the original IDEA. 

DD Council believes that IDEA, as originally written, does not need major revisions and the changes proposed would eliminate the existing rights and protections for children with disabilities currently provided under IDEA.

Watch for new legislation to further change and/or restrict IDEA.

List of U.S. Legislators