1     
PEDIATRIC NEURO-REHABILITATION FUND

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Curtis S. Bramble

6     

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
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 26-54-101 is amended to read:
37     
CHAPTER 54. SPINAL CORD AND BRAIN INJURY REHABILITATION

38     
FUND AND PEDIATRIC NEURO-REHABILITATION FUND

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          [(1)] (2) There is created an expendable special revenue fund known as the "Spinal
57     Cord and Brain Injury Rehabilitation Fund."
58          [(2)] (3) The fund shall consist of:
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 [Subsection 41-22-8(3) and
63     Subsection 41-1a-1201(9)] Subsections 41-1a-1201(9) and 41-22-8(3); and
64          (d) amounts [as] appropriated by the Legislature.
65          [(3)] (4) The fund shall be administered by the executive director of the [Department of
66     Health] department, in consultation with the advisory committee created in Section 26-54-103.
67          [(4) A "qualified IRC 501(c)(3) charitable clinic" means a professional medical clinic
68     that:]
69          [(a) provides rehabilitation services to individuals in the state:]
70          [(i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
71     nondeteriorating; and]
72          [(ii) who require post-acute care;]
73          [(b) employs licensed therapy clinicians; and]
74          [(c) has no less than five years experience operating a post-acute-care rehabilitation
75     clinic in the state.]
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          [(a)] (i) physical, occupational, and speech therapy; and
81          [(b)] (ii) equipment necessary for daily living[.]; and
82          [(6) All actual and necessary]
83          (b) pay for operating expenses [for] of the advisory committee [and staff shall be paid
84     by the fund] created by Section 26-54-103, including the advisory committee's staff.
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 [eight] 11 members as follows:
120          (a) the executive director [of the Department of Health], or the executive director's
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) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
132     Act, appointed by the governor; or
133          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
134     Therapy Practice Act, appointed by the governor;
135          [(e)] (h) a member of the House of Representatives appointed by the speaker of the
136     House of Representatives; and
137          [(f)] (i) a member of the Senate appointed by the president of the Senate.
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) [and], (d), and (f) shall serve an initial two-year term and members
147     appointed under Subsections (2)(c) [and], (e), and (g) shall serve four-year terms. Thereafter,
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 [people]:
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 [people] individuals with spinal cord or brain injuries and children with nonprogressive
178     neurological conditions to:
179          (i) the governor;
180          (ii) the Health and Human Services Interim Committee; and
181          (iii) the [Health and Human] Social Services Appropriations Subcommittee.
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.
190          [(2) Subsection 26-7-9(5) is repealed January 1, 2019.]
191          [(3)] (2) Section 26-8a-107 is repealed July 1, 2019.
192          [(4)] (3) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
193          [(5)] (4) Subsection 26-18-2.3(5) is repealed January 1, 2020.
194          [(6)] (5) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
195          [(7) Subsection 26-18-408(6) is repealed January 2, 2019.]
196          [(8)] (6) Subsection 26-18-410(5) is repealed January 1, 2026.
197          [(9)] (7) Subsection 26-18-411(5) is repealed January 1, 2023.
198          [(10)] (8) Subsection 26-18-604(2) is repealed January 1, 2020.
199          [(11)] (9) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
200          [(12)] (10) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
201          [(13)] (11) Subsection 26-33a-106.5(6)(c)(iii) is repealed January 1, 2020.
202          [(14)] (12) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
203     Program, is repealed July 1, 2027.
204          [(15)] (13) Subsection 26-50-202(7)(b) is repealed January 1, 2020.
205          [(16)] (14) Subsections 26-54-103(6)(d)(ii) and (iii) are repealed [January 1, 2020] July
206     1, 2024.
207          [(17)] (15) Subsection 26-55-107(8) is repealed January 1, 2021.
208          [(18)] (16) Subsection 26-56-103(9)(d) is repealed January 1, 2020.
209          [(19)] (17) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
210          [(20)] (18) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
211          [(21)] (19) Subsection 26-61-202(5) is repealed January 1, 2022.