Category Archives: State Law

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.

Helmet Lab Results Expose Need for New Youth Standards

Brain damage, particularly CTE, has widely been discussed in the past decades as a negative consequence of football. Beyond action on the field, a growing body of research reveals that this damage may be exasperated by the equipment worn by players to prevent harm. Research links heavier football helmets to increased brain injury risk in young players.

Virginia Tech’s Helmet Lab found that children, whose neck muscles are weaker and heads proportionally larger than adults’, are especially vulnerable – sustaining concussions at approximately 60g of head acceleration, compared to roughly 100g for college athletes. This knowledge has resulted in a drive of both equipment reforms and legislative action for youth football across the United States. Led by the National Operating Committee on Standards for Athletic Equipment, new StandardND005 regulations were finalized in July 2025. Youth football helmets must be a maximum of no more than 3.5 pounds, effective September 1, 2027.

States are also not waiting. In West Virginia, Senate Bill 657, the Cohen Craddock Student Athlete Safety Act, named for a 13-year-old who died August 24, 2024, from a football-related brain injury, advanced through the Senate Education Committee on February 12, 2026. The bill would allow schools to adopt protective soft-shell helmet covers during practices. At the federal level, Senator Durbin (IL) introduced S.2889 on September 18, 2025, conditioning federal education funding on state-level concussion safety protocols. (Beyond this initial reading, no further action appears to have been taken.)

Texas Governor Declares Disaster to Combat Screwworm Threat

Governor Greg Abbott issued a statewide disaster declaration Thursday, January 29th to prevent a certain species of screwworm fly from entering Texas, mobilizing state resources against a parasite. “Although… not yet present in Texas or the U.S., its northward spread from Mexico toward the U.S. southern border poses a serious threat,” Abbott stated.

Cochliomyia hominivorax, also called Coquerel or New World screwworms, are parasites endemic in South America and the Caribbean. Not new to America, the U.S. was declared free of the parasite in 1966 by the US Department of Agriculture, after successful eradication efforts. A small outbreak occurred in the Florida Keys in 2017.

According to the US Embassy in Costa Rica, “screwworm flies predominantly affect cattle, but frequently affect dogs… and occasionally affect humans.” Experts warn that maggots can burrow into vulnerable tissue like the brain, causing sepsis. Sepsis can cause severe brain damage through systemic inflammation, disrupting the blood-brain barrier (BBB), oxygen deprivation, and neuroinflammation, leading to acute issues like delirium and coma, and long-term cognitive deficits. The Embassy further discusses the story of a 15-year-old girl developed intense headaches after 45 larvae infested a scalp wound, demonstrating risks to children and representing the first human death since the 1990s.

Protection requires cleaning and covering all wounds, wearing long-sleeved clothing, and using EPA-registered insect repellents.

Lawsuit to Take Down Austin Police for Takedown Consequences

On January 6, 2026, Natalie Gialenes reportedly filed a federal lawsuit against the City of Austin and a former Officer following a December 2024 incident that reportedly caused her a traumatic brain injury. Gialenes contends that while handcuffed for public intoxication, she bent down to retrieve her dropped ID when a police officer threw her to the ground. Her head struck the pavement with an audible impact that caused bleeding. Her attorney reports she now experiences cognitive difficulties that will affect her for life, including forcing her to withdraw from paralegal school. The Austin Police Association, however, maintains that Gialenes was highly intoxicated, had admitted using cocaine and alcohol, and pulled away from the officer during escort, requiring the takedown to maintain control.

Since 1989, officers have been subject to the Supreme Court order defined in federal Graham v. Connor, which includes the statement, “the facts and circumstances related to the use of force should drive the analysis, rather than any improper intent or motivation by the officer who used force.” Police takedowns are physical control techniques designed to bring suspects safely to the ground, occurring in approximately 21% of use-of-force incidents nationwide. Research indicates injury rates when force is used are estimated in a wide range, from 17 – 64%, with most injuries being minor bruises or strains. Data from the University of Illinois Chicago’s Law Enforcement Epidemiology Project states that 12.6% of civilians hospitalized from law enforcement encounters suffered traumatic brain injuries.

Texas law, as will law in all 50 states, mandates comprehensive use-of-force training for all officers. This training emphasizes de-escalation and proportional response. As Texas Government Code states, officers must provide “first aid or treatment to the extent of the officer’s skill and training” when encountering injured persons. Austin Police Chief Lisa Davis indefinitely suspended the Officer, calling his actions “reprehensible.”

Stroke Detection Mandate Comes to RAA

Richmond Ambulance Authority became Virginia’s first government-funded emergency medical service to train staff on advanced stroke detection, implementing the American Heart Association’s Essential Stroke Life Support program in December 2025. The initiative equips approximately 175 paramedics and EMTs with the BEFAST protocol – assessing balance, eyes, face, arms, speech, and symptom timing – allowing strokes to be identified faster.

During an untreated stroke, 1.9 million neurons die every minute, according to NIH-funded research. Patients receiving early treatment for this brain injury show remarkably improved outcomes, with some studies reporting 40% relative increases in independent ambulation.

With reports showing that approximately 205,000 annual EMS activations nationwide are related to suspected stroke, prehospital detection is critical. Stroke continuing education mandates, though, remain limited. States with requirements include Massachusetts, New Jersey, Virginia, California, Illinois, North Carolina, and Texas. New Jersey law N.J.S.A. 27:5F-27.1 mandates that “each emergency medical services [EMS] provider… shall incorporate training on the assessment and treatment of stroke patients”.

“Time is tissue,” explained RAA Training Coordinator Harold Mayfield. “[Most] brain tissue does not regenerate. The sooner we identify and treat, the better the outcome.”

Brain Injury Prevention on the Slopes

Katie Watt, captain of the Bates College Nordic ski team, filed suit in December 2025 after a 597-pound unsecured bench shelter struck her during track practice in October 2024, causing a skull fracture and traumatic brain injury. The case, still pending, alleges the college failed to anchor equipment despite 30 mph winds.

Maine’s ski statute 32 M.R.S. §15217 establishes that skiers accept inherent risks, including terrain, weather, and collisions, “as a matter of law,” while preserving claims for negligent operation or maintenance. Similar statutes exist in Colorado, New Hampshire, and Utah, while Vermont statues uniquely void all liability waivers. (I was told by a lawyer that, based on their experience in New Jersey, a ski slope operator is culpable only when gross negligence is proven, such as if they dug a deep hole in the slope terrain.)

Evidence-based TBI prevention emphasizes helmet use which reduces head injury risk by 29-60%. Additionally, avoid terrain parks (31% higher head injury risk), and stop skiing by mid-afternoon when 40% of injuries occur. Groomed intermediate runs, proper lessons, and pre-season conditioning significantly reduce risk.

With proper precautions, skiers can enjoy the slopes safely while understanding their legal responsibilities.

University Pays Millions for Treatment Positioning Outcome

The Iowa State Appeal Board approved a $4.16 million settlement on December 2, 2025, following Conrad Colombo’s catastrophic brain injury during prone (lying flat on stomach) restraint at a University of Iowa Hospital.

Colombo, 38, sought emergency psychiatric help in April 2022 after days without sleep or medication for bipolar and schizoaffective disorder. After striking a security officer during a psychotic episode, 16 University of Iowa Health Care employees restrained him face-down while administering the sedatives droperidol and midazolam. During this time, hospital staff failed to consistently monitor his breathing. When he was finally rolled over, his lips were blue and he had no pulse. Resuscitation took eight minutes and left permanent brain damage.

Such tragedies aren’t isolated. A patient died in Virginia in 2023 during prone restraint at a psychiatric hospital, resulting in an $8.5 million settlement. In Toronto General Hospital, a patient suffered fatal brain injury from restraint asphyxia in 2020.

Instead of prone restraint, experts recommend supine (lying flat on back) positioning, verbal de-escalation, and trauma-informed systems, which can reduce the use of restraints by up to 99%. In 2024, Colorado passed HB 24-1372, which restricts prone restraint.

From Execution Chamber to Fraternity Basement

When you think of fraternity hazing, the first example that likely will come to mind is excess alcohol consumption or perhaps streaking through campus. Some fraternities, though, may take hazing to an extreme.  On October 15, 2025, a fraternity at New Jersey’s state university Rutgers did just so: a 19-year-old student was electrocuted during fraternity hazing activities involving water, suffering serious electrical burns and lost consciousness. A second student was shocked while attempting to rescue him. (This fraternity has now been closed at the school.)

In 2019, at the University of New Hampshire, 46 students were arrested in 2019 for a “talent show” involving stun guns. Washington and Lee University suspended Phi Kappa Psi for three years in March 2015 after a member used a Taser on a pledge during initiation. Washington and Lee University President Kenneth Ruscio called it “clear physical abuse, harmful enough as it was, but under the circumstances potentially even more dangerous.”

While electrocution consequences may be first thought to be physical, the cognitive impairments from electrical injury can be more disabling.

According to the NCBI, this process disrupts the semi permeability essential to neuronal function, causing ATP depletion, mitochondrial damage, and loss of electrical charge. As with many traumatic brain injury cases, survivors experience impaired episodic memory, struggling to form new memories or recall recent events. Research into 26 electrical injury survivors found 62% showed processing speed deficits—the most common impairment. Another 62% demonstrated auditory memory and working memory dysfunction. Verbal learning suffered in 54%, while 46% had concentration and attention problems, and 35% showed visual memory deficits.

Brain injury occurs even when current doesn’t directly traverse the skull, transmitted via spinal cord myelinated axons and systemic hormonal stress responses. However, with comprehensive neuropsychological testing, psychiatric support, and occupational rehabilitation, the NIH acknowledges that functional improvement remains possible.

HISTORY & LEGISLATION:

As to how electrocution became a known means of torture, it may be good to look though America’s past: electrocution emerged as a death penalty method in 1888, when New York adopted the electric chair as supposedly more humane than hanging. Currently authorized in nine U.S. states including Alabama, Florida, and South Carolina, it has been used in approximately 4,251 executions since 1890. North Carolina Governor Josh Stein called execution by electrocution “barbaric” in October 2025, while Representative Pricey Harrison described it as “gruesome” in September 2025, noting victims are “literally cooked to death.”

New Safety Measures Take Effect for Stunt Performers

Box office success proves that people relish characters’ overcoming unbelievably intimidating or frightening physical odds in film. However, for the stunt performers who perform these acts, the imbedded danger can be very real. An Ohio University study published in 2023 by the NIH reveals stunt risk: 80% of film and television stunt performers have experienced head impacts. Of that high percentage, 86% showed concussion-like symptoms. (This percentage is likely much higher than industry professionals would think, as there is also a 2024 NIH-published report Stunt performers’ reluctance to self-report head trauma.)

Based on statistics and the increased public concern about production safety, California signed into law SB 132 in July 2023. While this bill was not effective until this past July, the Income taxes: tax credits: motion pictures: occupational safety: California Film Commission mandates safety advisors and risk assessments for tax-credit productions, specifically stating, “[it] would require the safety advisor to prepare a final safety evaluation report based on the actual risk and compliance experience.” Georgia now requires, “major studio filming… [to] assign a safety officer to a feature length production as part of a pilot program.” New York has also developed a similar pilot safety officer program in 2025.

The film industry, at large, has also taken action, as SAG-AFTRA now requires 500 days’ experience for stunt coordinators. Beyond performer safety concern, this enhanced attention to the issue of stunt trauma is based on simple financial calculations, as lawsuits underscore the stakes. HBO settled with stuntman Casey Michaels for $9.4 million in 2023. Fast & Furious 9 producers also faced $1 million in fines after stuntman Joe Watts suffered traumatic brain injury.

While new laws and highlighted attention are a positive sign, stunt safety remains difficult to assess. An exploratory study found in the NIH database, Head Trauma and Concussions in Film and Television Stunt Performers, alarmingly found that fear of job loss meant that 65% continued working while symptomatic.) “Concussion seems to be a serious occupational health issue in stunt performers,” stated Dr. Jeffrey Russell, researcher at Ohio University. This somewhat dismissive statement shows that action is needed to protect both the stunt performers and the studios’ bottom line.

Cursive Writing Benefits to Students & the Brain Injured

Cursive writing functions as a complex motor skill that can remarkably persist even when brain injury patients lose explicit memory of how to perform it. This surprising phenomenon occurs because cursive engages procedural memory systems stored in the basal ganglia and cerebellum, which often remain intact when other cognitive functions are impaired. Recent NIH-funded research demonstrates that “attempting to write each letter produces a unique pattern of activity in the brain,” as Stanford’s Dr. Frank Willett explained in a 2025 study. A comprehensive 2025 analysis published by the NIH found that cursive writing creates enhanced connectivity across motor, visual, and memory regions.

For brain injury survivors, studies suggest cursive practice offers superior rehabilitation benefits. Unlike typing, which “relies on repetitive finger movements,” cursive engages “fine motor coordination and smooth transitions between letters,” activating broader neural networks crucial for recovery, according to recent university research. The continuous motor control required for cursive helps rebuild damaged neural pathways and enhances fine motor skills essential for rehabilitation.

Currently, many states have been dropping cursive instruction as a curriculum requirement, but recent neurological evidence has prompted policy reversals. New Jersey State Senator Angela McKnight recently advanced legislation requiring cursive proficiency by fifth grade, stating: “We’re doing our children a disservice by not teaching them a vital skill they will need for the rest of their lives.” California, Kentucky, and New Hampshire have reinstated requirements after recognizing cursive’s cognitive benefits. This resurgence reflects growing understanding that cursive writing enhances memory retention, motor control, and neural integration—benefits particularly valuable for cognitive development and including for those with a brain injury.