H.B.
94
WORKERS' COMPENSATION AND HOME AND COMMUNITY BASED SERVICES
House Floor
Amendments
Amendment 3 March 4, 2014 8:14 AM
Representative James A. Dunnigan
proposes the following amendments:
1. Page
Lines 255 through 267
:
255
(b) Notwithstanding Subsection (4)
and subject to Subsection (9)(c)
, an individual with a
disability or designated
256
representative of the individual with a disability is considered an employer under this chapter
257
and Chapter 3, Utah Occupational Disease Act, of an individual who provides home and
258
community based services if the individual with a disability or designated representative of the
259
individual with a disability:
260
(i) employs the individual to provide home and community based services for five
261
hours per week or more; and
262
(ii) pays the individual providing the home and community based services from state or
263
federal money received by the
{
person
}
the individual with a disability or designated
representative of the individual with a disability
to fund home and community based services, including
264
through a person designated by the Secretary of the Treasury in accordance with Section 3504,
265
Internal Revenue Code, as a fiduciary, agent, or other person who has the control, receipt,
266
custody, or disposal of, or pays the wages of, the individual providing the home and
267
community based services.
(c) The state and federal money received by an individual with a disability or designated
representative of an individual with a disability shall include the cost of the workers' compensation
coverage required by this Subsection (9) in addition to the money necessary to fund the home and
community based services that the individual with a disability or family of the individual with a disability
is eligible to receive so that the home and community based services are not reduced in order to pay for
the workers' compensation coverage required by this Subsection (9).
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