Dick Durbin: Senate Passes Major Veterans Amendment That Includes Durbin Traumatic Brain Injury Bill

July 13, 2007 -- [WASHINGTON, D.C.] – A major amendment was unanimously passed by the Senate late yesterday, which included United States Senator Dick Durbin’s (D-IL) efforts strengthening the rights of service members and veterans suffering from traumatic brain injuries (TBI).

Durbin, a leader in the Senate for improved care for victims of TBI, added provisions developing a standard of care for TBI cases, introduced a bipartisan bill, The Military and Veterans Traumatic Brain Injury Treatment Act (S.1349), which requires the Departments of Defense (DOD) and Veteran Affairs (VA) to implement a comprehensive program to diagnose, treat and rehabilitate service members and veterans who have suffered a service-related traumatic brain injury. Today’s amendment includes all of the major provisions of Durbin’s bill. Durbin added additional provisions developing a standard of care for TBI cases, allowing for medical referrals for TBI patients, and establishing a set of patients' rights for medical care.

“We've promised these brave men and women that if they take an oath to defend America, we'll stand by them when they come home. Sadly we've broken our promise time and again,” Durbin said. "This amendment will help. Today we're taking an important step forward by introducing a comprehensive military and veterans health care bill that will aid thousands of America’s service members and veterans dealing with TBI.”

Durbin’s TBI provisions were part of the Dignified Treatment of Wounded Warriors Act, which was added as an amendment to the Department of Defense Authorization Bill, currently on the floor.

Traumatic brain injury is the signature injury of the Iraq war. The widespread use of improvised explosive devices (IED’s) has created thousands of TBI victims, sometimes with no other visible signs of injury. The concussions from IED explosion cause sudden, violent head movements which often lead to a TBI. With symptoms similar to that of shaken baby syndrome, TBI’s are difficult to diagnose. Injured service members may suffer from headaches, confusion, dizziness and lightheadedness in mild cases, to mood changes, loss of memory, convulsions, weakness or numbness in the extremities, and loss of coordination in more severe cases.

The Durbin added the following provisions to the Wounded Warriors Act:

* Establishes a Standard of Care - Each individual in the program shall be provided “the highest quality of care possible based on the medical judgment of qualified medical professionals in facilities that most appropriately meet the specific needs of the individual. “And they shall be rehabilitated to the fullest extent possible using the most up-to-date medical technology, medical rehabilitation practices, and medical expertise available.”

* Referrals - DOD would be required to provide a referral to a medical professional inside of DOD or the VA when requested by a TBI patient. This will allow patients to get a second opinion with regards to their care if they feel the standard of care is not being met.

* Patient Rights - DOD would be required to inform patients and their families of their rights with respect to the receipt of medical care, options available to such members for rehabilitation, referral for second opinion if the patient and family feels they are not receiving the standard of care, and an administrative review of any decision with regard to care provided by DOD.

The Dignified Treatment of Wounded Warriors Act includes the following provisions from Senator Durbin’s original bill:

* Screening - DOD will be required to develop and administer a standardized cognitive pre-test to be administered to all military personnel prior to deployment and upon return from deployment to determine if possible brain injury exists.

* Outreach - The act will also require DOD to conduct education and outreach to families of members of the Armed Forces on a range of matters relating to TBI including detection, mitigation, and treatment, as well as train family members with respect to care for combat disabled service members.

* Seamless Transition – The bill requires the DOD and VA to develop a joint plan for the seamless transition of service members from DOD health care to VA health care and require the government to use electronic medical records to ease the transition.

* Enhanced Availability of Care – Under this bill, any former or current member of the Armed Forces with a severe combat-related injury or illness will be entitled to medical and dental care in any facility of the uniformed services as if they were a member of the Armed Forces for a period of 3 years beginning on the date they leave active duty.

* Partnerships – The bill allows the DOD to enter into partnerships, agreements, or other arrangements with the VA, institutions of higher education, and other appropriate public and private entities to prevent, diagnose, mitigate, treat, and rehabilitate service members suffering from a traumatic brain injury. The partnerships can also be used to help train medical staffs, accomplish research, and develop outreach strategies.

* Authorization - The bill authorizes $5 million for the creation of a Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury. It also authorizes $50 million relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces with traumatic brain injury and post-traumatic stress disorder -- $17 million of which shall be available for the Defense and Veterans Brain Injury Center.

Last year, Senator Durbin introduced an amendment to the Department of Defense Authorization bill that allocated an additional $12 million to the Defense and Veterans Brain Injury Center, providing the center a total of $19 million for Fiscal Year 2007. That authorization was included in the Omnibus Appropriations bill this January, at Senator Durbin’s urging. That amendment as well as Senator Durbin's bill has been endorsed by Veterans for America.

Source: Dick Durbin

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