This document includes House Committee Amendments incorporated into the bill on Mon, Feb 28, 2022 at 11:09 AM by lfindlay.




Chief Sponsor: Raymond P. Ward

Senate Sponsor: ____________


9     General Description:
10           This bill combines the Traumatic Brain Injury Fund with the Spinal Cord and Brain
11     Injury Rehabilitation Fund.
12     Highlighted Provisions:
13          This bill:
14          ▸      moves existing funds in the Traumatic Brain Injury Fund into the Spinal Cord and
15     Brain Injury Rehabilitation Fund;
16          ▸     broadens the uses of the Spinal Cord and Brain Injury Rehabilitation Fund to
17     include the uses of the Traumatic Brain Injury Fund; and
18          ▸     repeals the Traumatic Brain Injury Fund.
19     Money Appropriated in this Bill:
20          This bill appropriates in fiscal year 2022:
21          ▸      to the Traumatic Brain Injury Fund, as an ongoing appropriation:
22               •     from the General Fund, Ongoing, ($200,000);
23          ▸     to the Spinal Cord and Brain Injury Rehabilitation Fund, as an ongoing
24     appropriation:
25               •     from the General Fund, Ongoing, $200,000; and
26          ▸     to the Spinal Cord and Brain Injury Rehabilitation Fund, as a one-time
27     appropriation:

28               •     from the Traumatic Brain Injury Fund, One-time, $166,200.
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          26-54-102, as last amended by Laws of Utah 2019, Chapter 405
34     REPEALS:
35          26-50-101, as enacted by Laws of Utah 2008, Chapter 325
36          26-50-102, as enacted by Laws of Utah 2008, Chapter 325
37          26-50-201, as last amended by Laws of Utah 2013, Chapter 400
38          26-50-202, as last amended by Laws of Utah 2016, Chapter 168

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 26-54-102 is amended to read:
42          26-54-102. Spinal Cord and Brain Injury Rehabilitation Fund -- Creation --
43     Administration -- Uses.
44          (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
45     professional medical clinic that:
46          (a) provides rehabilitation services to individuals in the state:
47          (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
48     nondeteriorating; and
49          (ii) who require post-acute care;
50          (b) employs licensed therapy clinicians;
51          (c) has at least five years experience operating a post-acute care rehabilitation clinic in
52     the state; and
53          (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
54     501(c)(3).
55          (2) There is created an expendable special revenue fund known as the "Spinal Cord and
56     Brain Injury Rehabilitation Fund."
57          (3) The fund shall consist of:
58          (a) gifts, grants, donations, or any other conveyance of money that may be made to the

59     fund from private sources;
60          (b) a portion of the impound fee as designated in Section 41-6a-1406;
61          (c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(9)
62     and 41-22-8(3); and
63          (d) amounts appropriated by the Legislature.
64          (4) The fund shall be administered by the executive director of the department, in
65     consultation with the advisory committee created in Section 26-54-103.
66          (5) Fund money shall be used to:
67          (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
68     rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
69     to be nonprogressive or nondeteriorating, including:
70          (i) physical, occupational, and speech therapy; and
71          (ii) equipment for use in the qualified charitable clinic; [and]
72          (b) pay for operating expenses of the advisory committee created by Section
73     26-54-103, including the advisory committee's staff[.];
74          (c) educate the general public and professionals regarding understanding, treatment,
75     and prevention of traumatic Ĥ→ spinal cord or ←Ĥ brain injury;
76          (d) provide access to evaluations and coordinate short-term care to assist an individual
77     in identifying services or support needs, resources, and benefits for which the individual may
78     be eligible;
79          (e) develop and support an information and referral system for persons with a traumatic
80     Ĥ→ spinal cord or ←Ĥ brain injury and their families; and
81          (f) provide grants to persons or organizations to provide the services described in
82     Subsections (5)(c), (d), and (e).
83          (6) Not less than 50% of the fund shall be used each fiscal year to directly assist
84     individuals who meet the qualifications described in Subsection (7).
85          (7) An individual who receives services either paid for from the fund, or through an
86     organization under contract with the fund, shall:
87          (a) be a resident of Utah;
88          (b) have been diagnosed by a qualified professional as having a traumatic brain injury
89     Ĥ→ or traumatic spinal cord injury ←Ĥ which results in impairment of cognitive or physical
89a     function; and

90          (c) have a need that can be met within the requirements of this chapter.
91          (8) Fund money distributed in accordance with Subsections (5)(c), (d), and (e) may not:
92          (a) duplicate any services or support mechanisms being provided to an individual by
93     any other government or private agency; or
94          (b) be used for medical treatment, long-term care, or acute care.
95          Section 2. Repealer.
96          This bill repeals:
97          Section 26-50-101, Title.
98          Section 26-50-102, Definitions.
99          Section 26-50-201, Traumatic Brain Injury Fund.
100          Section 26-50-202, Traumatic Brain Injury Advisory Committee -- Membership --
101     Time limit.
102          Section 3. Appropriation.
103          The following sums of money are appropriated for the fiscal year beginning July 1,
104     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
105     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
106     Act, the Legislature appropriates the following sums of money from the funds or accounts
107     indicated for the use and support of the government of the state of Utah.
108     ITEM 1
109          To the Department of Health and Human Services - Traumatic Brain Injury Fund
110               From General Fund

111               Schedule of Programs:
112                    Traumatic Brain Injury Fund               ($200,000)
113     ITEM 2
114          To the Department of Health and Human Services - Spinal Cord and Brain Injury
115           Rehabilitation Fund
116               From General Fund

117               Schedule of Programs:
118                    Spinal Cord and Brain Injury Rehabilitation Fund     $200,000
119     ITEM 3
120          To the Department of Health and Human Services - Spinal Cord and Brain Injury

121           Rehabilitation Fund
122               From Traumatic Brain Injury Fund, One-time

123               Schedule of Programs:
124                    Spinal Cord and Brain Injury Rehabilitation Fund     $166,200
125          The Legislature intends that the Division of Finance close the Traumatic Brain Injury
126     Fund and transfer any remaining fiscal year 2022 fund balances into the Spinal Cord and Brain
127     Injury Rehabilitation Fund.
128          Section 4. Effective date.
129          This bill takes effect on July 1, 2022.