Effective 7/1/2023 (Superseded 1/1/2024)

Superseded 1/1/2024
26B-1-319.  Spinal Cord and Brain Injury Rehabilitation Fund — Creation — Administration — Uses.

(1)  As used in this section, a “qualified IRC 501(c)(3) charitable clinic” means a professional medical clinic that:

Terms Used In Utah Code 26B-1-319 v2

  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  provides rehabilitation services to individuals in the state:

(i)  who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating; and

(ii)  who require post-acute care;

(b)  employs licensed therapy clinicians;

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

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

(2)  There is created an expendable special revenue fund known as the ” Neuro-Rehabilitation 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;

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

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

(d)  amounts appropriated by the Legislature.

(4)  The fund shall be administered by the executive director, in consultation with the advisory committee created in Section 26B-1-418.

(5)  Fund money shall be used to:

(a)  assist one or more qualified IRC 501(c)(3) charitable clinics to provide rehabilitation services to individuals who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating, including:

(i) 

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

(B)  other services as determined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the advisory committee created in Section 26-54-103; and

(ii)  equipment for use in the qualified charitable clinic; and

(b)  pay for operating expenses of the Neuro-Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee created in Section 26B-1-418, including the advisory committee’s staff.

Amended by Chapter 212, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 335, 2023 General Session

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