Enrolled Copy H.B. 93
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Rehabilitation Services Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Ann Millner
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LONG TITLE
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General Description:
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This bill amends provisions related to the Brain and Spinal Cord Injury Fund and Advisory
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Committee.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ allows money in the Brain and Spinal Cord Injury Fund to be used for nervous system
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research under certain circumstances;
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▸ modifies the membership of the Brain and Spinal Cord Injury Advisory Committee
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(committee);
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▸ requires the committee to meet quarterly;
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▸ creates a reporting requirement; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-1-318, as last amended by Laws of Utah 2024, Chapter 289
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26B-1-417, as repealed and reenacted by Laws of Utah 2024, Chapter 289
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-1-318 is amended to read: H.B. 93 Enrolled Copy
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26B-1-318 . Brain and Spinal Cord Injury Fund.
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(1) As used in this section:
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(a) "Advisory committee" means the Brain and Spinal Cord Injury Advisory Committee
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created in Section [26B-1-418] 26B-1-417.
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(b) "Nervous system research" means research conducted by a qualified charitable clinic
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that is:
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(i) designed to improve, enhance, accelerate, or advance the clinical outcomes of:
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(A) an individual affected by a spinal cord injury, a brain injury, or a stroke; or
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(B) a child with a neurological condition or syndrome;
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(ii) approved by an institutional review board; and
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(iii) designed to be completed in a 12-month period.
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[(b)] (c) "Qualified charitable clinic" means a professional medical clinic that:
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(i) provides therapeutic services;
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(ii) employs licensed therapy clinicians;
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(iii) has at least five years experience operating a post-acute care rehabilitation clinic
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in the state; and
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(iv) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
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501(c)(3).
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(d) "Research grant" means a grant that can only be used for nervous system research.
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[(c)] (e)(i) "Therapeutic services" means:
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(A) rehabilitation services to individuals who have a spinal cord or brain injury
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that tends to be non-progressive or non-deteriorating and require post-acute
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care; or
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(B) rehabilitation services for children with neurological conditions and who
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require post-acute care.
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(ii) "Therapeutic services" include:
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(A) physical, occupational, and speech therapy; and
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(B) other services as determined by the department, in consultation with the
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advisory committee, through rule made in accordance with Title 63G, Chapter
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3, Utah Administrative Rulemaking Act.
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(2) There is created an expendable special revenue fund known as the "Brain and Spinal
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Cord Injury Fund."
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(3) The fund shall consist of:
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(a) gifts, grants, donations, or any other conveyance of money that may be made to the
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fund from private sources; and
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(b) additional amounts as appropriated by the Legislature;
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(c) a portion of the impound fee as designated in Section 41-6a-1406; and
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(d) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8)
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and 41-22-8(3).
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(4) The fund shall be administered by the executive director, in consultation with the
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advisory committee.
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(5) Fund money may be used to:
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(a) educate the general public and professionals regarding understanding, treatment, and
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prevention of brain injury;
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(b) provide access to evaluations and coordinate short-term care to assist an individual in
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identifying services or support needs, resources, and benefits for which the individual
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may be eligible;
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(c) develop and support an information and referral system for persons with a brain
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injury and their families;
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(d) provide grants to persons or organizations to provide the services described in
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Subsections (5)(a), (b), and (c);
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(e) assist one or more qualified charitable clinics to provide therapeutic services; [and]
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(f) purchase equipment for use in the qualified charitable clinic[.] ; and
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(g) provide research grants to qualified charitable clinics in accordance with Subsection
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(7).
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(6) Each year, approximately no less than:
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(a) 40% of the fund shall be used for programs and services described in Subsections
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(5)(a) through (d);
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(b) 25% of the fund shall be used to assist adults with brain or spinal cord injuries under
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Subsections (5)(e) and (f); and
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(c) 10 % of the fund shall be used to assist children with neurological conditions under
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Subsections (5)(e) and (f).
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(7)(a) Each year, if money remains in the fund after the money has been allocated in
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accordance with Subsection (6), the advisory committee may award up to $100,000
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in research grants divided among one or more qualified charitable clinics.
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(b) A qualified charitable clinic that accepts a research grant shall agree to the
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requirements in Subsection (7)(c) before receiving the grant.
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(c) A qualified charitable clinic that accepts a research grant:
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(i) shall report the results of the nervous system research to the advisory committee;
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(ii) shall provide the committee an itemized list of expenditures for research grant
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money;
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(iii) shall return any unspent research grant money to the fund;
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(iv) subject to Subsection (7)(c)(v), may collaborate with another entity for
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performing the nervous system research;
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(v) may not use research grant money to pay another entity to conduct the project; and
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(vi) may not use research grant money to pay for administrative costs not directly
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associated with the research project.
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[(7)] (8) An individual who receives services either paid for from the fund, or through an
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organization under contract with the fund, shall:
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(a) be a resident of Utah;
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(b) have been diagnosed by a qualified professional as having a brain injury, spinal cord
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injury, or other neurological condition which results in impairment of cognitive or
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physical function; and
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(c) have a need that can be met within the requirements of this section.
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[(8)] (9) The fund may not duplicate any services or support mechanisms being provided to
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an individual by any other government or private agency.
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[(9)] (10) All actual and necessary operating expenses for the Brain and Spinal Cord Injury
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Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
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Section 2. Section 26B-1-417 is amended to read:
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26B-1-417 . Brain and Spinal Cord Injury Advisory Committee -- Membership --
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Duties.
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(1) There is created the Brain and Spinal Cord Injury Advisory Committee within the
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department.
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(2)(a) The advisory committee shall be composed of the following members:
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(i) an individual employed with the Department of Health and Human Services;
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(ii) an individual who has experienced a neurological condition;
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(iii) an individual who has experienced a brain injury;
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(iv) an individual who has experienced a spinal cord injury;
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(v) a parent of a child who has a neurological condition;
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(vi) a parent or caretaker of an individual who has experienced a brain or spinal cord
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injury;
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(vii) a professional who:
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(A) provides services to adults who have experienced brain or spinal cord injuries;
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and
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(B) does not receive a financial benefit from the fund described in Section
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26B-1-318;
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(viii) a professional who:
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(A) provides services to children who have a neurological condition; and
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(B) does not receive a financial benefit from the fund described in Section
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26B-1-318;
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(ix) an individual licensed as a speech-language pathologist under Title 58, Chapter
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41, Speech[ ] -Language Pathology and Audiology Licensing Act, who works with
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individuals who have experienced a brain injury;
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(x) a representative of an association that advocates for individuals with brain injuries;
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(xi) an individual who conducts research or is familiar with or possesses knowledge
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of research on neurological conditions, brain injuries, or spinal cord injuries;
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[(xi)] (xii) a member of the House of Representatives appointed by the speaker of the
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House of Representatives; and
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[(xii)] (xiii) a member of the Senate appointed by the president of the Senate.
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(b) Except for members described in [Subsection (xi) and (xii)] Subsections (2)(a)(xii)
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through (xiii), the executive director shall appoint members of the advisory
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committee.
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(3)(a) [The] Except as provided in Subsection (3)(f), the term of advisory committee
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members shall be four years.
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(b) If a vacancy occurs in the committee membership for any reason, a replacement shall
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be appointed for the unexpired term in the same manner as the original appointment.
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[(b)] (c) The committee shall elect a chairperson from the membership.
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[(c)] (d) A majority of the committee constitutes a quorum at any meeting, and, if a
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quorum is present at an open meeting, the action of the majority of members shall be
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the action of the advisory committee.
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[(d)] (e) The terms of the advisory committee shall be staggered so that approximately
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half of the committee members appointed under Subsections [(2)(b), (d), and (f) shall
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serve an initial two-year term and members appointed under Subsections (2)(c), (e),
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and (g) shall serve four-year terms. Thereafter, members appointed to the advisory
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committee shall serve four-year terms.] (2)(a)(i) through (xi) are appointed every two
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years.
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(f) The executive director may shorten an appointment to comply with Subsection (3)(e).
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(4) The advisory committee shall comply with the procedures and requirements of:
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(a) Title 52, Chapter 4, Open and Public Meetings Act; and
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(b) Title 63G, Chapter 2, Government Records Access and Management Act.
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(5)(a) A member who is not a legislator may not receive compensation or benefits for
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the member's service, but, at the executive director's discretion, may receive per diem
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and travel expenses as allowed in:
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(i) Section 63A-3-106;
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(ii) Section 63A-3-107; and
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(iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
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63A-3-107.
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(b) Compensation and expenses of a member who is a legislator are governed by Section
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36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
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(6) The advisory committee shall:
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(a) establish priorities and criteria for the advisory committee to follow in
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recommending distribution of money from the Brain and Spinal Cord Injury Fund
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created in Section 26B-1-318;
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(b) identify, evaluate, and review the quality of care:
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(i) available to:
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(A) individuals with spinal cord and brain injuries; or
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(B) children with non-progressive neurological conditions; and
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(ii) that is provided through qualified charitable clinics, as defined in Section
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26B-1-318; [and]
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(c) explore, evaluate, and review other possible funding sources and make a
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recommendation to the Legislature regarding sources that would provide adequate
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funding for the advisory committee to accomplish its responsibilities under this
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section[.] ;
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(d) on or before each July 1, provide a report to the Health and Human Services Interim
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Committee describing how money in the fund described in Section 26B-1-318 was
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used the previous year; and
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(e) meet at least once each quarter.
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(7) Operating expenses for the advisory committee, including the committee's staff, shall be
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paid for only with money from the Brain and Spinal Cord Injury Fund created in Section
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26B-1-318.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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