Effective 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 v3

  • 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 33, 2023 General Session
Amended by Chapter 212, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 335, 2023 General Session