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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, Inc.

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.

Contact Information:

Allan Bergman
Brain Injury Association, Inc.
105 N. Alfred Street
Alexandria, VA 22314
(703) 236-6000
Email: abergman@biausa.org


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 plans.

  • 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 harm.

  • 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 families.

  • 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 litigation.

  • 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 services.

  • Served as an expert consultant to the US Justice Department in class-action litigation in Tennessee and the District of Columbia.

  • 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 programs.

Contact Information:

Tony Records
Tony Records and Associates, Inc.
7109 Exeter Road
Bethesda, MD 20817
(301) 652-4040

Email: TRAconsult@mindspring.com

 

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The complete ILRU website was developed with support from grants from the Department of Education. However, its contents and the opinions expressed do not necessarily represent the policy of the Department of Education, and no endorsement by the Department should be inferred. ILRU is a program of TIRR Memorial Hermann, a nationally recognized medical rehabilitation facility for persons with disabilities.

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Last Modified: 04-07-05