Washington-- The Senate today passed legislation requiring the military to develop new policies to prevent lapses in care for wounded soldiers that were exposed by the tragic death of Indiana National Guardsman Sgt. Gerald Joseph Cassidy, who died while under the Army’s care in September.

Today, by a vote of 90-3, the Senate passed comprehensive wounded warrior legislation as part of the annual U.S. Department of Defense (DoD) authorization bill. Several specific provisions were inserted into the legislation by Senator Evan Bayh during final conference negotiations in direct response to the substandard care Cassidy received at a medical recovery unit at Fort Knox, Ky.

“The best way we can honor the life of Sgt. Gerald Cassidy is by taking steps to ensure that we never again fail our heroes returning home from battle,” Senator Bayh said. “No soldiers who have been wounded in service for this country should have their care compromised or delayed when they return home. We cannot bring Sgt. Cassidy back, but today we honor his sacrifice by resolving to do better by our men and women in uniform.”

According to reports, Cassidy may have lain unconscious in his barracks room for several days and dead for several hours before being discovered. Cassidy, who suffered a traumatic brain injury (TBI) from a roadside explosion in Iraq, died on Sept. 21. His family said that he had tried unsuccessfully for five months to get transferred to specialized private care in Indianapolis.

The legislation requires the DoD and the Veterans Administration (VA) to develop and implement by July 1 a comprehensive policy on improvements to the care, management and transition of service members recovering from injuries sustained in the line of duty.

Bayh successfully added two provisions during final bill negotiations in direct response to the circumstances surrounding Cassidy’s death:

· The DoD and VA must establish maximum waiting times for follow-up and specialty care, diagnostic referrals and medically necessary surgery.

· The DoD and VA must establish new guidelines to refer recovering service members to the facility most appropriate to handle their injury, including care at private outside facilities such as universities, rehabilitation hospitals, and private care centers

The wounded warrior legislation passed today as part of the DoD authorization bill also included an amended provision authored by Bayh that allows severely wounded soldiers to retain their active duty medical benefits for up to three years from the date of their injury. By retaining these benefits, the soldier will have the option of care at DoD or specialized private facilities, rather than being limited to VA care.

The legislation also requires the development of a comprehensive plan on prevention, diagnosis, mitigation, and treatment of TBI and Post Traumatic Stress Disorder (PTSD) and authorizes $50 million for improved diagnosis, treatment and rehabilitation of service members with TBI or PTSD.

TBI has been called the “signature injury” of the wars in Iraq and Afghanistan. Up to now, bureaucratic red tape and a system designed to handle body trauma and aging veterans has made it difficult for these soldiers to obtain the specialized care they need to recover properly.

Traumatic brain injuries can include those caused by shrapnel that penetrate the skull, but also injuries with no visible signs, caused by shockwaves from IEDs and mortars. More than 2,000 American soldiers have sustained a traumatic brain injury in Iraq or Afghanistan. Most problems with care have occurred when soldiers with TBI have been transferred from active duty status to retired, where they can no longer access private care centers and must receive treatment through the VA. Some VA hospitals lack access to advanced cognitive therapy programs that maximize the recovery prospects of TBI patients.

“What we discovered at Walter Reed earlier this year is appalling,” Senator Bayh said. “These brave men and women have made incredible personal sacrifices to defend our nation’s freedom. When it comes to their care, it should be a simple test. Where will the soldier get the best, most effective treatment? We owe it to them to make sure that’s what they get.”

The U.S. House of Representatives passed the wounded warriors legislation on Wednesday. With today’s Senate passage, the bill now heads to President Bush’s desk, where he is expected to sign it in the coming days.

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