Resolve, To Establish the Commission To Study the Delivery of Services to Maine Citizens with Brain Injuries
Maine Legislature, Session 122, LD 1554
Committee: Health and Human Services
Sponsors: LERMAN, MAYO, BURNS, CRA YEN, CURLEY, GROSE, MAKAS, PINGREE, TRAHAN, WEBSTER

Legislative Document 
No. 1554 
H.P.1095 
House of Representatives, April 6, 2005 
Resolve, To Establish the Commission To Study the Delivery of 
Services to Maine Citizens with Brain Injuries 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative LERMAN of Augusta. 
Cosponsored by Senator MAYO of Sagadahoc and 
17/~ 
/J1.1l!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BURNS of Berwick, CRA YEN of Lewiston, CURLEY of Scarborough, 
GROSE of Woolwich, MAKAS of Lewiston, PINGREE of North Haven, TRAHAN of 
Waldoboro, WEBSTER of Freeport. 
Printed on recycled paper 
Emergency preamble. 
Whereas, acts 
and 
Legislature 
do 
not 
become 
effective 
until 
adjournment unless enacted as emergencies; and 
resolves 
of 
the 
days 
after 
Whereas. this resolve creates the Commission to Study the 
Delivery of Services to Maine Citizens with Brain Injuries; and 
Whereas, 
the study must 
be initiated before the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to Study the Delivery of Services to Maine Citizens with Brain 
Injuries, referred to in this resolve as "the commission," is 
established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of 23 members appointed as follows: 
1. 
One member of the Senate, appointed by the President of 
the Senate; 
2. 
One member of the House of Representatives, appointed by 
the Speaker of the House; 
3. 
Twenty-one members appointed by the Governor as follows: 
A. 
One member representing children with special health 
care needs; 
B. 
One 
member 
from 
the Department of Health and Human 
Services, Bureau of Health; 
C. 
One 
member 
from the Department of Health and Human 
Services, Bureau of Elder and Adult Services; 
D. 
One member from the Department of Education; 
E. 
One member from the Department of Corrections; 
F. 
One 
member 
representing 
people 
with 
mental 
health 
illnesses; 
G. 
One member from the Governor's office; 
H. 
One member representing a hospital that provides acute 
care; 
I. 
One member representing the medical profession with a 
specialty in diagnosis and treatment of brain injuries; 
J. 
One member representing adults with brain injuries; 
K. 
One member representing children with brain injuries; 
L. 
One member representing families with members with brain 
injuries; 
M. 
One 
member 
from 
the 
Acquired Brain Injury Advisory 
Councilor its successor; 
N. 
One member representing the Brain Injury Association of 
America or its successor; 
O. 
One 
member 
representing an outpatient rehabilitation 
program; 
P. 
One member representing a specialty residential program; 
Q. 
One 
member 
representing 
a 
vocational 
rehabilitation 
program; 
R. 
One member representing the Department of Education; 
S. 
One member representing nursing homes; 
T. 
One member representing independent living centers; and 
U. 
One member representing the Disability Rights Center or 
its successor; and be it further 
Sec. 3. Chairs. Resolved: 
That 
the Senate member 
is the 
Senate chair of the commission and the House of Representatives 
member is the House chair of the commission; and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Within 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall examine 
and make recommendations on the following: 
1. 
The adequacy of treatment facilities and professionals 
to diagnose brain injuries in order to provide effective and 
timely services; 
2. 
Third-party payment coverage, both public and private, 
for services to individuals with brain injuries; 
3. 
Access to services by persons with brain injuries; 
4. 
long-term 
residents 
The 
availability, 
accessibility 
and 
flexibility 
of 
community and residential support services to Maine 
with brain injuries; 
5. 
Surveillance 
systems 
for 
the 
prevention 
of 
brain 
injuries; 
6. 
The services necessary to ensure that individuals with 
brain injuries are able to live as independently and successfully 
as possible in the community with the lowest level of dependence 
on the system; 
7. 
The best practices in the treatment and support of 
individuals with brain injuries; and 
8. 
The necessity for essential educational initiatives on 
the diagnosis of brain injuries and on the treatment and support 
of individuals with brain injuries; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for travel and other necessary expenses 
related 
to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their 
employers or other entities that they represent are entitled to 
receive 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a 
per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the commission; and be it further 
Sec. 8. Report. Resolved: 
That, 
2005, 
the commission shall submit 
no later than December 7, 
a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Joint Standing Committee on Health and 
Human Services and the Legislative Council. 
The commission is 
not authorized to introduce legislation. 
Following receipt and 
review of the report, the Joint Standing committee on Health and 
Human Services may report out 
a bill to the 
Second Regular 
Session of the 122nd Legislature; and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, shall 
administer the commission's budget. 
Within 10 days after its 
first meeting, 
the 
commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission 
may 
not incur 
expenses 
that would result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve creates the Commission to Study the Delivery of 
Services to Maine Citizens with Brain Injuries and requires the 
commission to submit its report to the Joint Standing Committee 
on Health and Human Services by December 7, 2005.