This document includes House Committee Amendments incorporated into the bill on Fri, Mar 8, 2019 at 10:56 AM by pflowers.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 13, 2019 at 3:59 PM by estauffer.
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7 LONG TITLE
8 General Description:
9 This bill creates the Pediatric Neuro-Rehabilitation Fund and specifies its uses.
10 Highlighted Provisions:
11 This bill:
12 ▸ renames Title 26, Chapter 54 as "Spinal Cord and Brain Injury Rehabilitation Fund
13 and Pediatric Neuro-Rehabilitation Fund";
14 ▸ creates the Pediatric Neuro-Rehabilitation Fund;
15 ▸ renames the Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee
16 as the "Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
17 Neuro-Rehabilitation Fund Advisory Committee";
18 ▸ amends the membership and duties of the advisory committee;
19 ▸ allows advisory committee expenses to be paid for by the Spinal Cord and Brain
20 Injury Rehabilitation Fund or the Pediatric Neuro-Rehabilitation Fund; and
21 ▸ makes conforming and technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 26-54-101, as last amended by Laws of Utah 2017, Chapter 261
29 26-54-102, as last amended by Laws of Utah 2017, Chapter 261
30 26-54-103, as last amended by Laws of Utah 2017, Chapter 261
31 63I-2-226, as last amended by Laws of Utah 2018, Chapters 38 and 281
32 ENACTS:
33 26-54-102.5, Utah Code Annotated 1953
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 26-54-101 is amended to read:
37
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39 26-54-101. Title.
40 This chapter is known as the "Spinal Cord and Brain Injury Rehabilitation Fund and
41 Pediatric Neuro-Rehabilitation Fund."
42 Section 2. Section 26-54-102 is amended to read:
43 26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
44 Administration -- Uses.
45 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
46 professional medical clinic that:
47 (a) provides rehabilitation services to individuals in the state:
48 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
49 nondeteriorating; and
50 (ii) who require post-acute-care;
51 (b) employs licensed therapy clinicians;
52 (c) has at least five years experience operating a post-acute-care rehabilitation clinic in
53 the state; and
54 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
55 501(c)(3).
56 [
57 Cord and Brain Injury Rehabilitation Fund."
58 [
59 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
60 fund from private sources;
61 (b) a portion of the impound fee as designated in Section 41-6a-1406;
62 (c) the fees collected by the Motor Vehicle Division under [
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64 (d) amounts [
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76 (5) Fund money shall be used to:
77 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
78 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
79 to be nonprogressive or nondeteriorating, including:
80 [
81 [
81a clinic ←Ĥ [
82 [
83 (b) pay for operating expenses [
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85 Section 3. Section 26-54-102.5 is enacted to read:
86 26-54-102.5. Pediatric Neuro-Rehabilitation Fund -- Creation -- Administration --
87 Uses.
88 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
89 professional medical clinic that:
90 (a) provides services for children in the state:
91 (i) with neurological conditions, including:
92 (A) cerebral palsy; and
93 (B) spina bifida; and
94 (ii) who require post-acute-care;
95 (b) employs licensed therapy clinicians;
96 (c) has at least five years experience operating a post-acute-care rehabilitation clinic in
97 the state; and
98 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
99 501(c)(3).
100 (2) There is created an expendable special revenue fund known as the "Pediatric
101 Neuro-Rehabilitation Fund."
102 (3) The fund shall consist of:
103 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
104 fund from private sources; and
105 (b) amounts appropriated to the fund by the Legislature.
106 (4) The fund shall be administered by the executive director of the department, in
107 consultation with the advisory committee created in Section 26-54-103.
108 (5) Fund money shall be used to:
109 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide physical or
110 occupational therapy to children with neurological conditions; and
111 (b) pay for operating expenses of the advisory committee created by Section
112 26-54-103, including the advisory committee's staff.
113 Section 4. Section 26-54-103 is amended to read:
114 26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
115 Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms --
116 Duties.
117 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
118 Neuro-Rehabilitation Fund Advisory Committee.
119 (2) The advisory committee shall be composed of [
120 (a) the executive director [
121 designee;
122 (b) two survivors, or family members of a survivor, of a traumatic brain injury[
123 appointed by the governor;
124 (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury[
125 appointed by the governor;
126 (d) one traumatic brain injury or spinal cord injury professional appointed by the
127 governor who, at the time of appointment and throughout the professional's term on the
128 committee, does not receive a financial benefit from the fund;
129 (e) two parents of a child with a nonprogressive neurological condition appointed by
130 the governor;
131 (f) Ŝ→ (i) ←Ŝ a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
131a Practice
132 Act, Ĥ→ with experience treating brain and spinal cord injuries, ←Ĥ appointed by the
132a governor; or
133 Ŝ→ [
133a Occupational
134 Therapy Practice Act, Ĥ→ with experience treating brain and spinal cord injuries, ←Ĥ
134a appointed by the governor;
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135a of the
136 House of Representatives; and
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138 (3) (a) The term of advisory committee members shall be four years. If a vacancy
139 occurs in the committee membership for any reason, a replacement shall be appointed for the
140 unexpired term in the same manner as the original appointment.
141 (b) The committee shall elect a chairperson from the membership.
142 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
143 is present at an open meeting, the action of the majority of members shall be the action of the
144 advisory committee.
145 (d) The terms of the advisory committee shall be staggered so that members appointed
146 under Subsections (2)(b) [
147 appointed under Subsections (2)(c) [
148 members appointed to the advisory committee shall serve four-year terms.
149 (4) The advisory committee shall comply with the procedures and requirements of:
150 (a) Title 52, Chapter 4, Open and Public Meetings Act;
151 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
152 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
153 (5) (a) A member who is not a legislator may not receive compensation or benefits for
154 the member's service, but, at the executive director's discretion, may receive per diem and
155 travel expenses as allowed in:
156 (i) Section 63A-3-106;
157 (ii) Section 63A-3-107; and
158 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
159 63A-3-107.
160 (b) Compensation and expenses of a member who is a legislator are governed by
161 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
162 (6) The advisory committee shall:
163 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
164 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
165 to follow in recommending distribution of money from the fund to assist qualified IRC
166 501(c)(3) charitable clinics, as defined in Sections 26-54-102 and 26-54-102.5;
167 (b) identify, evaluate, and review the quality of care available to [
168 (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
169 charitable clinics, as defined in Section 26-54-102; or
170 (ii) children with nonprogressive neurological conditions through qualified IRC
171 501(c)(3) charitable clinics, as defined in Section 26-54-102.5;
172 (c) explore, evaluate, and review other possible funding sources and make a
173 recommendation to the Legislature regarding sources that would provide adequate funding for
174 the advisory committee to accomplish its responsibilities under this section; and
175 (d) submit an annual report, not later than November 30 of each year, summarizing the
176 activities of the advisory committee and making recommendations regarding the ongoing needs
177 of [
178 neurological conditions to:
179 (i) the governor;
180 (ii) the Health and Human Services Interim Committee; and
181 (iii) the [
182 (7) Operating expenses for the advisory committee, including the committee's staff,
183 shall be paid for only with money from:
184 (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
185 (b) the Pediatric Neuro-Rehabilitation Fund; or
186 (c) both funds.
187 Section 5. Section 63I-2-226 is amended to read:
188 63I-2-226. Repeal dates -- Title 26.
189 (1) Subsection 26-7-8(3) is repealed January 1, 2027.
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203 Program, is repealed July 1, 2027.
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206 1, 2024.
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