An Act To Create the Acquired Brain Injury Fund
Maine Legislature, Session 123, LD 0722
Committee: Health and Human Services
Sponsors: CRAVEN, MAKAS, NUTTING, BRYANT, DUNN, FAIRCLOTH, GROSE, PERRY, WAGNER, WALCOTT, WEBSTER
Amends: 5 MRSA §12004-I, 22 MRSA §3089-A, 22 MRSA §3089-B

Legislative Document 
No. 722 
H.P.543 
House of Representatives, February 13,2007 
An Act To Create the Acquired Brain Injury Fund 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CRAVEN of Lewiston. 
17/~ 
/J1.11!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative MAKAS of Lewiston, Senator NUTTING of Androscoggin 
and Representatives: BRYANT of Windham, DUNN of Bangor, FAIRCLOTH of Bangor, 
GROSE of Woolwich, PERRY of Calais, WAGNER of Lewiston, WALCOTT of Lewiston, 
WEBSTER of Freeport. 
Printed on recydecJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§47-G is enacted to read: 
47-G. 
Human 
Services 
Acquired Brain 
Injury Advisory 
Council 
Expenses Only 
Sec. 2. 22 MRSA §3089-A is enacted to read: 
§3089-A. Acquired Brain Injury I<'und 
MRSA 
§3089-B 
There is established the Acquired Brain Injury Fund, an interest-bearing account, 
referred to in this section as "the fund." 
The fund receives money appropriated or 
allocated to the fund and any other money contributed voluntarily to the fund. The fund 
is administered by the Maine Center for Disease Control and Prevention. All money 
deposited in the fund and the earnings on that money remain in the fund and are subject 
to the following requirements. 
1. MaineCare waiver. Up to 10% of the balance in the fund on July I st each year 
may be used to provide state matching funds for a MaineCare waiver program for persons 
with brain injuries. 
2. Acquired Brain Iniurv Advisorv Council. The fund may be used to pay the 
expenses of the Acquired Brain Injury Advisory Council established under section 3089-
B. 
3. 
Services; other purposes. 
The remainder of the fund, after expenditures 
authorized under subsection 1, mav be used to provide for vocational supportive services, 
community reintegration services and supported living services. The fund may also be 
used to support information and referral services, public and professional education and 
the prevention of brain injuries. 
4. Administrative and personnel costs. Money in the fund may be used for the 
necessary administrative and personnel costs associated with the management of the fund. 
5. Limitation. Money in the fund may not be deposited in the General Fund or any 
other fund except as specifically provided by law. 
Sec. 3. 22 MRSA §3089-B is enacted to read: 
§3089-B. Acquired Brain Injury Advisory Council 
There is established the Acquired Brain Injury Advisory Council, referred to in this 
section as "the council," to provide advice and make recommendations to the 
commissioner, the Director of the Maine Center for Disease Control and Prevention and 
the Director of the Office of MaineCare Services. The commissioner shall appoint 16 
Page I - 123LRI724(OI)-1 
I 
~~Q..I!U£Ui~rveJts_Jb~J1lemh~rrQLthe~Q!ln~jl. Member~ of the council must represent 
persons "Y_Lth a~g!-!iredb.Laj!ljD.ilJrie~Jll!!lili~~urrjhos~~sons and providers of services 
to persons _witI'La"ggir~!L~!,~in injuries. 
Members of the council serve without 
compensation but are entitled to reimbursement of reasonable expenses for attending 
meetings of and serving on the council. 
Sec. 4. Waiver application. By January I, 2008, the Department of Health and 
Human Services shall apply to the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services for a waiver under the MaineCare 
program to provide a program of services and supports for persons with acquired brain 
injuries. 
I I 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 
Initiative: 
Provides funding for the Acquired Brain Injury Fund established under the 
Maine Revised Statutes. Title 22. section 3089-A. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2007-08 
$1,400,000 
$1,400,000 
2008-09 
$1,400,000 
$1,400,000 
This bill establishes the Acquired Brain Injury Fund and the Acquired Brain Injury 
Advisory Council. This bill makes ongoing General Fund appropriations of $1,400,000 
per year for the fund.