Category Archives: Law

Brain Injury Community in Crosshairs of Bipartisan “Claim Sharks” Bill

“We will be suspending your Social Security number because we found some suspicious activities on your Social Security. If you want more information about this case, press 1. Thank you.”

Smartphone screen displaying a scam likely call with decline button being pressed

While the above “Robocall Scam Example”, listed on the Federal Trade Commission’s Consumer Advice webpage, may seem to be an obvious scam when viewed in print, the same may not be said when abruptly faced with the concern – particularly if you already have cognitive disabilities. In response to this reality, a new bipartisan bill targets predatory for-profit companies that use robocall software to harvest veterans’ disability data from federal phone lines Advocates state this practice poses a particular threat to veterans living with traumatic brain injury.

Introduced on March 26, 2026, by Rep. Chris Pappas (NH), the Veterans Benefits Information Protection Act, H.R. 8120, was prompted by a 2025 NPR investigation: Florida-based Trajector Medical “CallBot” auto-dialer program placed tens of thousands of monthly calls to a VA hotline, inputting veterans’ Social Security numbers and birthdays to detect disability rating increases and trigger automated billing both with and without veterans’ knowledge.

In addition to Pappas, H.R.8120 counts a bipartisan list of co-sponsors, including Rep. Don Bacon (NE), a retired Air Force brigadier general and co-chair of the Congressional Brain Injury Task Force.  “Our veterans should never be targeted by bad actors trying to profit off their hard-earned benefits,” says Bacon, adding that the bill, which was referred to the House Committee on Energy and Commerce on March 26,2026, “takes a commonsense approach to crack down on predatory practices and protect veterans from exploitation.”

* Scamming, of course, does not solely refer to robocalls. In recent years, the government has given more attention to cyber scams, and particularly as it relates to the disabled. In 2024, the Journal of International Medical Research addressed cyber scams and acquired brain injury, available to PubMed, noting that, “People with acquired brain injury may be more susceptible to scams owing to postinjury cognitive and psychosocial consequences.”)

When the Floor Hits Back: Brain Injury in Basketball

Spurs player making a layup shot over a Portland Trail Blazers defender in a crowded basketball arena

San Antonio Spurs star Victor Wembanyama tumbled face-first on the court in the second quarter of Game 2, on Tuesday, April 21, at the NBA Playoffs against Portland. The accident was both a serious blow to the player and the team, as Wembanyama averages 25.0 points, 11.5 rebounds, and 3.1 blocks per game. Fortunately, he returned for Game 4 of the game series, which San Antonio ultimately won. However, it is a sobering reminder both that nobody is concussion-proof and of the immense importance of NBA’s Concussion Protocol.

Through the years, incidents like Wembanyama’s head trauma have become more common and with greater consequences, as today’s NBA players are stronger and more athletic than those from the past. Due to this situation, the NBA finally had the wherewithal to institute a Concussion Protocol in the 2011–12 season. Before it, reportedly just 5.7 concussions were recorded per season in the League. Afterward, that number nearly tripled, not because the game suddenly got much more dangerous, but because of more “accurate reporting secondary to advances in player education, medical knowledge, national media coverage, and standardized testing protocols,” states a 2019 study, Concussions in the National Basketball Association: An Analysis from 1999-2018, available on PubMed.gov.

“A player diagnosed with a concussion should be regularly monitored for 24 hours … the player may not begin the return-to-participation exertion process until 24 hours after the time of injury,” read the original Protocol. In 2026, the Protocol is more rigorous: a player cannot return to full participation for at least 48 hours and must successfully complete cognitive tests before clearance.

High school basketball players in action with one driving past defender near the basket

Beyond the pros, college players are at risk, as are basketball players still in high school and younger. In the 2023 – 2024 season, approximately 250,000 students sustained concussions across nine high school sports, according to the National Federation of State High School Associations. Accordingly, Senator Dick Durbin (IL) introduced Protecting Student Athletes from Concussions Act on September 18, 2025. At that time, S.2889 was read twice and referred to the Committee on Health, Education, Labor, and Pensions. On February 17, 2026, Protecting Student Athletes from Concussions Act was introduced to the House by Representative Mark DeSaulnier (CA). H.R.7590 was then referred to the House Committee on Education and Workforce. No action has been taken on either bill since their introductions. (While no federal sports concussion law yet exists, all 50 states have adopted youth sports concussion laws.)

Although injuries do happen, most notably in the NBA, ultimately a player is responsible for their own safety. In August 2024, the government published a systematic review, Sure Steps: Key Strategies for Protecting Basketball Players from Injuries, available on PubMed. Five of the six strategies highlight neuromuscular training, which includes strength work, stabilization or core, mobility, and agility.

What the Reclassification of Marijuana Means for the Brain Injured

“Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-issued License in Schedule III, Strengthening Medical Research While Maintaining Strict Federal Controls.” This headline, which appeared on the Department of Justice’s official website on April 23, 2026, refers to the Executive Order signed by President Trump.

Advocates and politicians have pushed for this change for years, arguing cannabis carries undeniable medical value. As of April 2026, medical marijuana use is legal in 40 states. Following many years of federal research that confirmed the potential benefits of marijuana use for medical conditions, this Executive Order reclassifies state-licensed medical marijuana from Schedule I, the most restrictive federal drug category, to the less regulated Schedule III. Acting Attorney General Todd Blanche stated the decision, “allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”

For brain injury survivors, the implications may be significant. One study, available on PubMed, found that patients with acquired brain injury have reported improvements in mood, anxiety, headache, sleep, and quality of life through medical cannabis use. Government-funded research also indicates that the non-psychoactive cannabis compound CBD, and THC, the primary psychoactive compound in cannabis that is responsible for the “high”, may be effective for pain management, anxiety, and insomnia, all of which are common symptoms following brain injury. (These benefits are debatable. Another major analysis found that medicinal cannabis does not effectively treat anxiety, depression, or PTSD, and may even worsen mental health in some cases.)

As always, caution is warranted. The CDC has proven that cannabis use affects brain development. Beyond brain development, a 2024 CDC report states, “cannabis use directly affects brain function — specifically the parts of the brain responsible for memory, learning, attention, decision-making, coordination, emotions, and reaction time.” Chronic marijuana consumption may reduce dopamine responsivity, increase negative emotionality, and induce anhedonia, meaning a reduced ability to experience pleasure or a loss of interest in previously enjoyed activities. These possible negative consequences are a significant concern for survivors, who already have cognitive issues and may struggle with low motivation.

While this rescheduling opens the door to better science, always consult a physician before using cannabis.

Mississippi Joins States for Psychedelic Experimentation

A neon-lit chemical molecular structure floating in a colorful cosmic nebula with stars and galaxies.

Mississippi is now following Texas and a handful of other states, by positioning itself on the frontier of a potential neurological revolution. On March 19, 2026, Mississippi Governor Tate Reeves made history by signing HB 314 into law, authorizing the Mississippi State Department of Health to use $5 million of Mississippi’s opioid settlement money to fund clinical trials for the drug ibogaine. The bill takes effect July 1 and allows Mississippi to coordinate trials with other states, including Texas, which has already committed to its own program.

A psychoactive substance derived from the root of a plant native to Africa, ibogaine has been used for centuries in spiritual and healing ceremonies. More recently, it has gained scientific interest for its potential to treat opioid and cocaine addiction. Research suggests it increases signaling of important brain molecules linked to drug addiction and depression. Currently a Schedule I controlled substance, Americans seeking treatment must travel abroad at costs that reportedly reach up to $50,000 per session.

As stated by Dr. Nolan Williams, who was involved in the landmark 2024 Stanford University study that brought attention to the use of ibogaine for brain injury, “no other drug has ever been able to alleviate the functional and neuropsychiatric symptoms of traumatic brain injury.”

Man’s Best Friend Aids Brain Injury Recovery

Dogs are proving to be powerful partners in brain injury rehabilitation, offering benefits across physical, emotional, and speech therapy alike.

A March 2026 story from the University of Colorado Health (UCHealth) system documented Alan Tay, a 71-year-old stroke survivor who credits his border collie Olay with driving his recovery. Working with a neurological physical therapist, Alan used dog agility training to rebuild endurance, coordination, and memory – ultimately winning a national canine competition just three months after his stroke. Emotionally, dogs combat the depression and isolation that frequently accompany brain injury. The above-mentioned UCHealth story also notes that Olay gave Alan the will to push through. An NIH-funded clinical trial confirmed that service dogs may meaningfully reduce PTSD symptoms in military members and veterans.

Dogs can assist with speech recovery, as well. Research shows that aphasia patients produce more verbal and nonverbal communication around therapy dogs, which respond to tone and gesture rather than specific words. Speech therapy in such a uniquely low-pressure and therapeutic environment is highly beneficial for language practice.

The bipartisan SAVES Act, which reached the Senate calendar in February 2026, would fund service dogs for veterans with TBI and PTSD. Introduced by Rep. Morgan Luttrell (TX) on April 2, 2025, H.R.2605 explicitly lists “Traumatic brain injury” as a covered condition, recognizing that a trained service dog can be “optimal for the veteran to manage the disability, condition, or diagnosis and live independently.” In March 2026, America’s VetDogs launched a national campaign during this Brain Injury Awareness Month that highlights service dogs’ life-changing impact for TBI survivors, particularly as it relates to counter-balance support and deep pressure therapy.

Bacterium in Your Lungs May Be Attacking Your Brain

Chlamydia pneumoniae is a common respiratory bacterium responsible for millions of cases of pneumonia and sinus infections each year. Most people recover without incident, but a growing body of research suggests the bacterium doesn’t always leave. In a February 2026 study, published in Nature Communications, researchers at Cedars-Sinai found that Chlamydia pneumoniae can linger in the eye and brain for years, potentially aggravating Alzheimer’s disease. Scientists found that greater amounts of the bacterium were associated with more severe brain damage and worse cognitive decline, with elevated bacterial levels especially common in individuals carrying the APOE4 gene variant.

The mechanism is alarming. The bacterium can infect the olfactory and trigeminal nerves and reach the brain within 72 hours, while also dysregulating key pathways involved in Alzheimer’s disease pathogenesis.

The federal government has taken notice. The Senate Appropriations Committee’s FY 2026 spending bill proposed an increase of $100 million for Alzheimer’s disease and related dementias research at NIH National Institute on Aging. Researchers hope this increased funding hope will accelerate investigation into infection-driven neurodegeneration. What once seemed like an ordinary respiratory bug may prove to be one of the brain’s most dangerous long-term adversaries.

E-Bikes and Brain Injury: The Risks, the Recovery, and the Law

E-bikes continue to grow in popularity, allowing one to avoid automobile traffic. But because e-bikes can reach speeds of 20 to 28 mph or more, crashes carry serious consequences, including severe traumatic brain injuries. More so, studies have found that young e-bikers suffer traumatic brain injuries at nearly twice the rate of traditional cyclists (37.8% vs. 19.4%). Notably, only 44% of hospitalized e-bike riders were wearing helmets, and helmetless riders were almost twice as likely to sustain a head injury.

The case of Bella Prince, a Utah teenager who crashed her e-bike into a retaining wall at 40 mph and tumbled 25 feet down a cliff, brought special attention to the e-bike issue in the State. The teen survived because of emergency neurosurgery, but she was left with a severe traumatic brain injury. Horrific stories like Bella’s are driving legislative action. Utah’s HB 381, Electric Mobility Device Amendments, passed both the House and Senate with broad support on February 13, 2026. The bill requires helmets for e-bike riders under 21 and empowers police to impound e-bikes from unsafe riders. (As of March 16, 2026, HB 381 has not been signed into law by the governor.)

Currently, only Alabama, Connecticut, and Massachusetts require helmets for all e-bike riders of every age and class. California, Georgia, Louisiana, Ohio, Tennessee, and Virginia, mandate helmets for all Class 3 e-bike riders, with Class 3 defined as bikes that are pedal-assist up to 28 mph. California also enacted a package including AB 1778 in 2024, which created a Marin County pilot program requiring all Class 2 riders to wear helmets and banning riders under 16 from Class 2 e-bikes. In New York, pending bill S2526 would require helmets for all e-bike and bicycle riders in larger cities, though the same bill has failed in prior years. New Jersey S4834/A6235 abolished the three-class system entirely and reclassified all e-bikes as “motorized bicycles” requiring licensing, registration, insurance, and mandatory helmets beginning in January 2026. However, as of now, no federal e-bike helmet law exists.

Yet e-bikes can also be part of traumatic brain injury recovery. The pedal-assist feature allows TBI survivors with limited stamina, balance issues, or motor challenges to engage in outdoor physical activity, which research links to improved cognitive function and mental health during rehabilitation.

Ultimately, the message is clear: e-bikes offer real benefits, but only when ridden safely.

NJ’s Proposed Step Forward May Be a Step Too Far

New Jersey Senate Bill S192, introduced January 13, 2026, would allow residents diagnosed with a traumatic or acquired brain injury to voluntarily add a designation to their driver’s license or state ID. The notation, stored in a Motor Vehicle Commission registry accessible to law enforcement, aims to improve interactions between officers and brain-injured individuals.

The bill is sponsored by Senate Transportation Committee Chair Senator Patrick Diegnan, with Senator Parker Space among its co-sponsors, making it a bipartisan measure. “[Individuals with brain injuries] often have differing communication styles and body language, which an officer could misinterpret. Having a designation would help to lower the risk of negative encounters,” states Diegnan.  This is not Diegnan’s first push on the issue. Predecessor bills S3673 and A2961 carried over from the 2024 – 2025 session.

Other states have already enacted comparable measures. Virginia allows residents to voluntarily add a traumatic brain injury designation to their driver’s license or ID card through the DL-145 form. Maine has codified acquired brain injury identification cards under Title 29-A, §1410-A of state statute. While New Jersey, Virginia and Maine may politically lean left, the contents of the bill are bipartisan, in relation to state. In right-leaning Tennessee, Code § 55-50-307 provides a similar acquired brain injury designation for driver’s licenses and photo ID cards.

Proponents argue the bill saves lives by reducing dangerous miscommunications during traffic stops. Critics, however, raise civil liberties concerns, as a visible disability marker could expose individuals to stigma, implicit bias, or unequal treatment. Well-intentioned protection could inadvertently promote discrimination against the brain-injured population.

What will happen to S192 in New Jersey remains uncertain. Since introduction, the Senate Transportation Committee passed it with amendment by a unanimous 6–0 vote on February 5, 2026. It now sits in Senate Budget and Appropriations Committee, before being sent to the Senate and Assembly.

Spring Forward, Fall Down: Neurological Effect of Time Change

Every March, we lose an hour of sleep, or we gain an hour of sunlight, depending on your perspective. For TBI survivors, this forced clock shift has medically been proven to be particularly cruel. Up to 70% of survivors already struggle with disrupted sleep and circadian rhythms. Unfortunately, that is the same biological clock that drives the neural repair process itself.

The twist, though, is that the extra daylight we are about to gain can actually help injured brains heal. Powered by sunlight, studies have shown that Vitamin D is typically low in brain injury patients, particularly at rehab admission, and deficiency is linked to worse survival. While adding a Vitamin D supplement into your daily pill regiment is good, natural Vitamin D absorption is always best.   

While it may seem a biannual norm, it wasn’t until March 19, 1918 that time became a legislative concern in the United States. President Woodrow Wilson signed the Standard Time Act of 1918, also known as the Calder Act, “to save daylight and to provide standard time, for the United States.”. (On January 20, 1942, President Roosevelt established War Time, which halted the time shift from 1942 – 1945.)

More recently, opposition to time change has increased and a large minority of Americans say that they do not want to keep switching their clocks. In Congress, S.29, Sunshine Protection Act of 2025, sponsored by current Secretary of State, former Florida Senator, Marco Rubio and Rep. Vern Buchanan (FL) would have made Daylight Savings Time permanent. This Congressional year, Rep. Greg Steube (FL) introduced H.R. 7378, Daylight Act of 2026, that would permanently move U.S. clocks forward by 30 minutes and eliminate the biannual time change. As of March 4, 2026, this Act is in the House.

*British Columbia will permanently adopt year-round daylight saving time in 2026, with the final “spring forward” occurring on Sunday, March 8, 2026. It may be useful to observe how this change, or lack there of, functions in another country that has same time zones before passing legislation.

Minnesota Overhauls Brain Injury Waiver Program

Minnesota’s Brain Injury (BI) Waiver Program has supported survivors of traumatic and acquired brain injuries since 1992. In 2026, it is facing sweeping changes, bringing both new benefits and serious concerns for tens of thousands of residents who depend on it.

On the positive side, the program covers 44 distinct services, has no waitlist, and swim lessons have been added as an allowable Consumer Directed Community Support expense. Administratively, “MnCHOICES is a computer application used… to support their assessment and support planning work for Minnesotans who need long-term services and supports (LTSS), regardless of age, type of disability or service needs.” 

But disability advocates are alarmed. The 2025 Legislature passed $1.3 billion in disability waiver cuts, and structured day services – vital therapeutic programming for brain injury survivors – have been removed from the BI Waiver service definition entirely. Currently, roughly 15 to 20 states run standalone brain injury waivers, including Colorado, New York, Massachusetts, and Kansas, though they vary widely.

Additionally, recent investigation into the state’s BI Waiver Program, and into Medicaid grants, as a whole, seems to have also uncovered significant fraud, including overbilling for services, billing for services not rendered, and improper billing by unlicensed staff. In January 2026, this discovery of fraud prompted the state to freeze enrollment of the Brain Injury Waiver Program, and other programs.