Leveraging Olmstead in a Difficult Budget Environment
About the Presenters
Allan Bergman - President/CEO
of the Brain Injury Association of America
Tony Records - President, TRA,
Allan I. Bergman serves as the President/CEO
of the Brain Injury Association of America. The Association is the
only national voluntary association in the country, along with 45
Chartered State Affiliates, dedicated to increasing awareness about
brain injury. Since Mr. Bergman's appointment in October 1998, he
has led the Board of Directors through two strategic planning sessions.
During the first of February 1999, the Board adopted the Association's
current mission statement: to create a better future through brain
injury prevention, research, education and advocacy. The Board also
adopted a set of guiding principles and an overall direction for
the organization. More recently, in February and April 2001, the
Board adopted a five year strategic plan with four very focused
goals and a long range vision: a world where all preventable
brain injuries are prevented, all unpreventable brain injuries are
minimized and all individuals who have experienced brain injury
maximize their quality of life.
Under his leadership and guidance, the Association is serving as
the national leader and catalyst in bringing multi-disciplinary
groups to the table to address issues affecting those in the brain
injury community and to unify the field. He is a man committed to
inclusion and collaboration, not only within the field of brain
injury but across all disability groups. In this regard, he convened
a 32 person stakeholders' meeting in the summer of 1999 to develop
a consensus position on amendments to the Traumatic Brain Injury
Act of 1996, all but one of which were included into the reauthorization
of the law in 2000.
Mr. Bergman is a leading public policy analyst and advocate on behalf
of people with disabilities and their families. Mr. Bergman played
a critical role when Congress voted to reauthorize the Traumatic
Brain Injury (TBI) Act in 2000. Mr. Bergman was also the only individual
invited to testify before both Committee's of the House and Senate
during development and implementation of the landmark Ticket to
Work and Work Incentives Improvement Act of 1999.
Mr. Bergman is a nationally recognized expert on disability policy
with an emphasis on health care and long term services and supports
issues including Medicaid, Medicare and managed care. He has served
as co-chairperson of the Long-Term Services and Supports Task Force
of the Consortium for Citizens with Disabilities, a coalition of
over 120 national disability organizations. In this role, he has
been a significant contributor to the development of major personal
assistance and long-term care reform proposals and was a major player
in the development of the Medicaid Community Supported Living Arrangements
option enacted in OBRA'90 and the personal care amendment eliminating
the need for physician prescriptions and nurse supervision in OBRA
'93. Mr. Bergman also founded and co-chaired the Consortium Task
Force on Children and Families through which he spearheaded a national
family support agenda culminating in the passage of the Families
with Children with Disabilities Support Act of 1994. He also provided
leadership in the 1987 reauthorization of the Development Disabilities
Act, which resulted in amendments focusing on state service systems
and the lack of services to persons with developmental disabilities
attributable to physical impairments.
Mr. Bergman also has enhanced the capacity of the Association staff
through internal management systems and the retention and recruitment
of talented and qualified staff resulting in a national staff "second
to none." He led the effort to secure a five-year federal cooperative
agreement with the Health Resources Services Administration (HRSA)
to enhance the Association's efforts in public awareness, policy
analysis and regional networking between the Association's state
affiliates and state government.
In 2001, the Brain Injury Association of America received funding
from the Health Care Financing Administration and the Department
of Labor to collaborate with Lex Frieden and his staff at the Independent
Living Research Utilization program at TIRR in Houston, TX, to conduct
regional training sessions for persons with disabilities across
the age span to acquire the knowledge and skills to participate
in the development of five year comprehensive plans for community
services and supports in compliance with the landmark Supreme Court
decision in the Olmstead case. This decision affirmed the Americans
with Disabilities Act civil rights provision that publicly funded
services must be provided to persons with disabilities in the "most
integrated setting." Through these initiatives Mr. Bergman
is continuing his over ten-year relationship as consultant and trainer
for the National Conference of State Legislatures (NCSL). NCSL will
be publishing a monograph on services for persons with Traumatic
Brain Injury that will be distributed to over 1500 key state legislators.
Mr. Bergman's leadership represents over 35 years of experience
as a state agency employee, service provider and advocate on behalf
of people with a variety of disabilities and association manager.
He has served as the Executive Director of ARC-Colorado, ARC-San
Francisco, and ARC-Dallas. He began his work as a Rehabilitation
Counselor and Program Manager for the Texas Commission for the Blind
and also served as Executive Director of the Austin (Texas) Cerebral
Palsy Center. Prior to his current position at the Brain Injury
Association of America, he served as the Deputy Director and Director
of Governmental Activities and the Director of State Federal Relations
at United Cerebral Palsy Associations, Inc. in Washington, DC.
He has visited services, met with people with disabilities and
family members and provided consulting and training in 47 states.
An articulate and inspiring speaker, he is a self-described advocate
and change agent with a commitment to the empowerment of persons
with disabilities and their families. His vision for the future
is one in which all children with disabilities will grow up in families
and all children and adults with disabilities will live, learn,
work, and play in the community with peers with and without disabilities.
He is the parent of a young woman with disabilities and the step-parent
of a young woman with disabilities.
Brain Injury Association, Inc.
105 N. Alfred Street
Alexandria, VA 22314
Tony Records has been the President of Tony
Records and Associates, Inc. (TRA), since 1992. TRA is a human services
consulting firm in Bethesda, Maryland. Mr. Records has more then
27 years of experience and has consulted in more than 20 states
with regard to services and supports for people with disabilities.
Currently, Mr. Records is involved in several projects of national
significance, including the following:
Mr. Records is the court-appointed Independent Expert in the
Embreeville case in eastern Pennsylvania that includes 200 people
with developmental disabilities. In this role, Mr. Records evaluates
the quality of community supports and services provided to class
members and assists the parties in shaping corrective action
Mr. Records was a consultant with the Office for Civil Rights
(OCR) of the US Department of Human Services to provide technical
assistance to OCR staff in evaluating states' planning documents
regarding the Olmstead US Supreme Court decision, which requires
states to ensure that people with disabilities receive services
in the most integrated settings.
Through a contract with the National Council on Disabilities,
Mr. Records has conducted an evaluation of the implementation
and enforcement of the Constitutional Rights of Institutionalized
Persons Act (CRIPA) that is designed to protect people with
disabilities who are in publicly operated institutions.
Mr. Records serves as an expert evaluator and witness in individual
litigation that involves alleged abuse and/or neglect of people
with developmental disabilities.
Mr. Records is the Chairperson of the Association of Court
Monitors and Special Masters who administer cases involving
people with disabilities.
Mr. Records consults with numerous service providers in various
states on quality improvement, monitoring and protection from
Mr. Records provides training for the Alabama Protection and
Advocacy Program in monitoring compliance with the Settlement
Agreement in the landmark Wyatt class-action litigation.
On a voluntary basis, Mr. Records provides individual advocacy
assistance to several individuals with disabilities and their
Currently, Mr. Records is also writing a book on community
experiences of people with developmental disabilities.
As a nationally recognized expert, Mr. Records speaks on a regular
basis at national, state and local conferences of organizations
serving people with disabilities.
Past projects and accomplishments of Mr. Records include the following:
Appointed in 1994 by the US Court to serve as the Special
Master in the landmark Pennhurst case and supervised the parties
toward a successful ending of court oversight in the 26 year-old
Served as an expert consultant for the Special Master in the
Petties case in the District of Columbia, which involves more
than 3,000 students receiving special education and related
Served as an expert consultant to the US Justice Department
in class-action litigation in Tennessee and the District of
Conducted performance and program audits in New York, Maryland,
Virginia, South Carolina, North Carolina, New Jersey and Delaware.
Before his venture into the consulting world, Mr. Records worked
for the Arc of the District of Columbia as the Director of a Court
Monitoring program and was responsible for all advocacy services
Tony Records and Associates, Inc.
7109 Exeter Road
Bethesda, MD 20817