An Act to Provide Substance Use Disorder Counseling for MaineCare Members with an Acquired Brain Injury
Maine Legislature, Session 131, LD 0539
Committee: Health and Human Services
Sponsors: HEPLER, MOORE, CRAFTS, JAVNER, MEYER, STOVER
Amends: 22 MRSA §3086, 22 MRSA §3088

Legislative Document
No. 539
H.P. 344
House of Representatives, February 9, 2023
An Act to Provide Substance Use Disorder Counseling for 
MaineCare Members with an Acquired Brain Injury
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Cosponsored by Senator MOORE of Washington and
Representatives: CRAFTS of Newcastle, JAVNER of Chester, MEYER of Eliot, STOVER of 
Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3086, sub-§2 is enacted to read:
2.  Substance use disorder.  "Substance use disorder" means a clinical and significant 
functional impairment, including a health problem or a disability or an inability to meet 
major responsibilities at work, home or school, due to the use of alcohol or a drug.
Sec. 2.  22 MRSA §3088, as repealed and replaced by PL 2011, c. 293, §3, is 
amended to read:
§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 comprehensive 
neurorehabilitation service system must include, but is 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, substance use disorder 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. 3.  Department of Health and Human Services to include counseling 
for substance use disorder in rehabilitative services for MaineCare members 
who have sustained an acquired brain injury. The Department of Health and Human 
Services shall amend its rules to include counseling for substance use disorder co-occurring 
with an acquired brain injury as part of rehabilitative services for eligible MaineCare 
members who have sustained an acquired brain injury under the department's rule Chapter 
101: MaineCare Benefits Manual, Chapter II, Section 102, Rehabilitative Services. For 
purposes of this section, "substance use disorder" means a clinical and significant 
functional impairment, including a health problem or a disability or an inability to meet 
major responsibilities at work, home or school, due to the use of alcohol or a drug.
SUMMARY
This bill adds substance use disorder counseling to the comprehensive 
neurorehabilitation service system administered by the Department of Health and Human 
Services and directs the department to include counseling for substance use disorder in 
rehabilitative services for MaineCare members who have sustained an acquired brain 
injury.