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Utah Code Title 26B. Utah Health and Human Services Codes § 26B-1-318. Brain and Spinal Cord Injury Fund

Current as of January 01, 2025 | Updated by Findlaw Staff

<For repeal affecting § 26B-1-318, see § 63I-1-226.>

(1) As used in this section:

(a) “Advisory committee” means the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-418.

(b) “Qualified charitable clinic” means a professional medical clinic that:

(i) provides therapeutic services;

(ii) employs licensed therapy clinicians;

(iii) has at least five years experience operating a post-acute care rehabilitation clinic in the state; and

(iv) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 501(c)(3).

(c)(i) “Therapeutic services” means:

(A) rehabilitation services to individuals who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating and require post-acute care; or

(B) rehabilitation services for children with neurological conditions and who require post-acute care.

(ii) “Therapeutic services” include:

(A) physical, occupational, and speech therapy; and

(B) other services as determined by the department, in consultation with the advisory committee, through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(2) There is created an expendable special revenue fund known as the “Brain and Spinal Cord Injury Fund.”

(3) The fund shall consist of:

(a) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources; and

(b) additional amounts as appropriated by the Legislature;

(c) a portion of the impound fee as designated in Section 41-6a-1406; and

(d) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8) and 41-22-8(3).

(4) The fund shall be administered by the executive director, in consultation with the advisory committee.

(5) Fund money may be used to:

(a) educate the general public and professionals regarding understanding, treatment, and prevention of brain injury;

(b) provide access to evaluations and coordinate short-term care to assist an individual in identifying services or support needs, resources, and benefits for which the individual may be eligible;

(c) develop and support an information and referral system for persons with a brain injury and their families;

(d) provide grants to persons or organizations to provide the services described in Subsections (5)(a), (b), and (c);

(e) assist one or more qualified charitable clinics to provide therapeutic services; and

(f) purchase equipment for use in the qualified charitable clinic.

(6) Each year, approximately no less than:

(a) 40% of the fund shall be used for programs and services described in Subsections (5)(a) through (d);

(b) 25% of the fund shall be used to assist adults with brain or spinal cord injuries under Subsections (5)(e) and (f); and

(c) 10 % of the fund shall be used to assist children with neurological conditions under Subsections (5)(e) and (f).

(7) An individual who receives services either paid for from the fund, or through an organization under contract with the fund, shall:

(a) be a resident of Utah;

(b) have been diagnosed by a qualified professional as having a brain injury or other neurological condition which results in impairment of cognitive or physical function; and

(c) have a need that can be met within the requirements of this section.

(8) The fund may not duplicate any services or support mechanisms being provided to an individual by any other government or private agency.

(9) All actual and necessary operating expenses for the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.

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Cite this article: FindLaw.com - Utah Code Title 26B. Utah Health and Human Services Codes § 26B-1-318. Brain and Spinal Cord Injury Fund - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-26b-utah-health-and-human-services-codes/ut-code-sect-26b-1-318/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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