An Act To Clarify Assistance for Persons with Acquired Brain Injury
Maine Legislature, Session 125, LD 1196
Committee Amendment CA_A_H409 (House)
Amends: 22 MRSA §3086, 22 MRSA §3089

COMMITTEE AMENDMENT "if" to H.P. 887, L.D. 1196, Bill, "An Act To 
Clarify Assistance for Persons with Acquired Brain Injury" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §3086, sub-§l, as repealed and replaced by PL 1989, c. 501, 
Pt. P, §26, is amended to read: 
1. Acquired brain injury. "HeaJ Acquired brain injury" means an insult to the 
brain resulting directly or indirectly from trauma, anoxia, vascular lesions or infection, 
which: 
A. Is not of a degenerative or congenital nature; 
B. 
Can produce a diminished or altered state of conSCIOusness resulting 10 
impairment of cognitive abilities or physical functioning; 
C. Can result in the disturbance of behavioral or emotional functioning; 
D. Can be either temporary or permanent; and 
E. Can cause partial or total functional disability or psychosocial maladjustment. 
Sec. 2. 22 MRS A §3087, as amended by PL 1991, c. 155, is repealed. 
Sec. 3. 22 MRS A §3088, as enacted by PL 1987, c. 494, is repealed and the 
following enacted in its place: 
§3088. Comprehensive neurorehabilitation service system 
The department shall, within the limits of its available resources, develop a 
comprehensive neurorehabilitation service system designed to assist, educate and 
rehabilitate the person with an acquired brain injury to attain and sustain the highest 
function and self-sufficiency possible using home-based and community-based 
treatments, services and resources to the greatest possible degree. The comprehensi ve 
neurorehabilitation service system must include, but is not limited to, care management 
Page I - 12SLRlS33(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 887, L.D. 1196 
and coordination, crisis stabilization services, physical therapy, occupational therapy, 
speech therapy, neuropsychology, neurocognitive retraining, positive neurobehavioral 
supports and teaching, social skills retraining, counseling, vocational rehabilitation and 
independent living skills and supports. The comprehensive neurorehabilitation service 
system may include a posthospital system of nursing, community residential facilities and 
community residential support programs designed to meet the needs of persons who have 
sustained an acquired brain injury and assist in the reintegration of those persons into 
their communities. 
Sec. 4. 22 MRSA §3089, as enacted by PL 2005, c. 229, §l, is amended to read: 
§3089. Acquired brain injury assessments and interventions; protection ofrights 
The department is designated as the official state agency responsible for acquired 
brain injury services and programs. 
1. Assessments and interventions. In addition to developing the comprehensive 
neurorehabilitation service system under section 3088, the department may undertake, 
within the limits of available resources, appropriate identification and medical and 
rehabilitative interventions for persons who sustain acquired brain injuries, including, but 
not limited to, establishing services: 
A. To assess the needs of persons who sustain acquired brain injuries and to facilitate 
effective and efficient medical care, neurorehabilitation planning and reintegration; 
and 
B. To improve the knowledge and skills of the medical community, including, but 
not 
limited 
to, 
emergency 
room 
physicians, 
psychiatrists, 
neurologists, 
neurosurgeons, neuropsychologists and other professionals who diagnose, evaluate 
and treat acquired brain injuries. 
2. Rights of patients and responsibility of department to protect those rights. 
To the extent possible within the limits of available resources and except to the extent 
that a patient with an acquired brain injury's rights have been suspended as the result of 
court-ordered guardianship, the department shall: 
A. Protect the health and safety of that patient; 
B. 
Ensure that the patient has access to treatment, individualized planning and 
services and positive behavioral interventions and protections; and 
C. Protect the patient's rights to appeal decisions regarding the person's treatment, 
access to advocacy services and service quality control standards, monitoring and 
reporting. 
3. Rules. The department shall establish rules under this section. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 22, chapter 715-A, in the chapter headnote, the words 
"assistance for survivors of head injury" are amended to read "assistance for survivors of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 887, L.D. 1196 
acquired brain injury" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.' 
SUMMARY 
This amendment replaces the bill. It retains the provisions that change "head injury" 
to "acquired brain injury." 
It specifies that the Department of Health and Human 
Services is authorized, rather than required, to undertake appropriate identification and 
medical and rehabilitative interventions and that whatever services are provided are 
provided within the limits of available resources. The same limitation is applied to the 
department's protection of the rights of patients. The amendment also authorizes, rather 
than requires, the inclusion of certain services in the comprehensive neurorehabilitation 
service system developed by the department. 
FISCAL :\OTE REQUHFI' 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05127/11 frac 
LD 1196 
LR 1533(02) 
An Act To Clarify Assistance for Persons with Acquired Brain Injury 
Fiscal Note for Bill as Amended by Committee Amendment "If 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Health and Human Services can be absorbed utilizing existing budgeted 
resources. 
LRI533(02) - Fiscal Note - Page 1 of I