An Act To Clarify Assistance for Persons with Acquired Brain Injury
Maine Legislature, Session 125, LD 1196
Committee: Health and Human Services
Sponsors: GOODE, CRAVEN, CAIN, DAMON, EVES, PETERSON, SANBORN, STEVENS, STUCKEY, WILLETTE
Amends: 22 MRSA §3086, 22 MRSA §3087, 22 MRSA §3088, 22 MRSA §3089

Legislative Document 
No. 1196 
H.P. 887 
House of Representatives, March 21, 2011 
An Act To Clarify Assistance for Persons with Acquired Brain 
Injury 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative GOODE of Bangor. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: CAIN of Orono, DAMON of Bangor, EVES of North Berwick, PETERSON 
of Rumford, SANBORN of Gorham, STEVENS of Bangor, STUCKEY of Portland, 
WILLETTE of Mapleton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3086, sub-§1, as repealed and replaced by PL 1989, c. 501, 
Pt. P, §26, is amended to read: 
1.  Acquired brain injury.  "Head 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 in 
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Sec. 2.  22 MRSA §3087, as amended by PL 1991, c. 155, is repealed. 
Sec. 3.  22 MRSA §3088, as enacted by PL 1987, c. 494, is repealed and the 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 of the person with an acquired brain injury using 
home-based and community-based treatments, services and resources to the greatest 
possible degree. The service programs must include, but are not limited to, care 
management 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 department shall develop 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, §1, is amended to read: 
§3089.  Acquired brain injury services; protection of rights 
The department is designated as the official state agency responsible for acquired 
brain injury services and programs. 
1.  Services.  In addition to developing the comprehensive neurorehabilitation service 
system under section 3088, the department shall ensure that the appropriate identification 
and medical and rehabilitative interventions are provided 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.  Protection of rights.  The department shall, within the limits of available 
resources, seek to ensure the health and safety of persons with acquired brain injuries and 
protect their rights as citizens of the State and of the United States, except to the extent 
that these rights have been suspended as the result of court-ordered guardianship. 
The department shall establish rules consistent with its responsibilities under this 
section, including, but not limited to, rules concerning the rights and treatment of service 
recipients, individualized planning and services, positive behavioral interventions and 
protections, rights to appeal and to have access to advocacy, service quality standards, 
monitoring and reporting. 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 
acquired brain injury" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
SUMMARY 
This bill updates the laws relating to head injury to use the more appropriate term 
"acquired brain injury." The bill also revises the responsibilities of the Department of 
Health and Human Services with regard to persons who sustain acquired brain injuries, 
including the provision of appropriate services and the protection of civil rights.