Utah 2025 Regular Session

Utah House Bill HB0093 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 93
	1	+	01-03 15:36 H.B. 93
2	2		1
3	3		Rehabilitation Services Modifications
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Katy Hall
7		-	Senate Sponsor: Ann Millner
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill amends provisions related to the Brain and Spinal Cord Injury Fund and Advisory
16	15		6
17	16		Committee.
18	17		7
19	18		Highlighted Provisions:
20	19		8
21	20		This bill:
22	21		9
23	22		▸ defines terms;
24	23		10
25	24		▸ allows money in the Brain and Spinal Cord Injury Fund to be used for nervous system
26	25		11
27	26		research under certain circumstances;
28	27		12
29	28		▸ modifies the membership of the Brain and Spinal Cord Injury Advisory Committee
30	29		13
31	30		(committee);
32	31		14
33	32		▸ requires the committee to meet quarterly;
34	33		15
35	34		▸ creates a reporting requirement; and
36	35		16
37	36		▸ makes technical changes.
38	37		17
39	38		Money Appropriated in this Bill:
40	39		18
41	40		None
42	41		19
43	42		Other Special Clauses:
44	43		20
45	44		None
46	45		21
47	46		Utah Code Sections Affected:
48	47		22
49	48		AMENDS:
50	49		23
51	50		26B-1-318, as last amended by Laws of Utah 2024, Chapter 289
52	51		24
53	52		26B-1-417, as repealed and reenacted by Laws of Utah 2024, Chapter 289
54	53		25
55	54
56	55		26
57	56		Be it enacted by the Legislature of the state of Utah:
58	57		27
59		-	Section 1. Section 26B-1-318 is amended to read: ~~H.B. 93 Enrolled Copy~~
	58	+	Section 1. Section 26B-1-318 is amended to read:
60	59		28
61	60		26B-1-318 . Brain and Spinal Cord Injury Fund.
62	61		29
63	62		(1) As used in this section:
64	63		30
65	64		(a) "Advisory committee" means the Brain and Spinal Cord Injury Advisory Committee
66	65		31
67		-	created in Section [26B-1-418~~] 26B-1-417.~~
	66	+	created in Section 26B-1-418. H.B. 93 01-03 15:36
68	67		32
69	68		(b) "Nervous system research" means research conducted by a qualified charitable clinic
70	69		33
71	70		that is:
72	71		34
73	72		(i) designed to improve, enhance, accelerate, or advance the clinical outcomes of:
74	73		35
75	74		(A) an individual affected by a spinal cord injury, a brain injury, or a stroke; or
76	75		36
77	76		(B) a child with a neurological condition or syndrome;
78	77		37
79	78		(ii) approved by an institutional review board; and
80	79		38
81	80		(iii) designed to be completed in a 12-month period.
82	81		39
83	82		[(b)] (c) "Qualified charitable clinic" means a professional medical clinic that:
84	83		40
85	84		(i) provides therapeutic services;
86	85		41
87	86		(ii) employs licensed therapy clinicians;
88	87		42
89	88		(iii) has at least five years experience operating a post-acute care rehabilitation clinic
90	89		43
91	90		in the state; and
92	91		44
93	92		(iv) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
94	93		45
95	94		501(c)(3).
96	95		46
97	96		(d) "Research grant" means a grant that can only be used for nervous system research.
98	97		47
99	98		[(c)] (e)(i) "Therapeutic services" means:
100	99		48
101	100		(A) rehabilitation services to individuals who have a spinal cord or brain injury
102	101		49
103	102		that tends to be non-progressive or non-deteriorating and require post-acute
104	103		50
105	104		care; or
106	105		51
107	106		(B) rehabilitation services for children with neurological conditions and who
108	107		52
109	108		require post-acute care.
110	109		53
111	110		(ii) "Therapeutic services" include:
112	111		54
113	112		(A) physical, occupational, and speech therapy; and
114	113		55
115	114		(B) other services as determined by the department, in consultation with the
116	115		56
117	116		advisory committee, through rule made in accordance with Title 63G, Chapter
118	117		57
119	118		3, Utah Administrative Rulemaking Act.
120	119		58
121	120		(2) There is created an expendable special revenue fund known as the "Brain and Spinal
122	121		59
123	122		Cord Injury Fund."
124	123		60
125	124		(3) The fund shall consist of:
126	125		61
127	126		(a) gifts, grants, donations, or any other conveyance of money that may be made to the
128		-	- 2 - Enrolled Copy H.B. 93
129	127		62
130	128		fund from private sources; and
131	129		63
132	130		(b) additional amounts as appropriated by the Legislature;
133	131		64
134	132		(c) a portion of the impound fee as designated in Section 41-6a-1406; and
135	133		65
136	134		(d) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8)
	135	+	- 2 - 01-03 15:36 H.B. 93
137	136		66
138	137		and 41-22-8(3).
139	138		67
140	139		(4) The fund shall be administered by the executive director, in consultation with the
141	140		68
142	141		advisory committee.
143	142		69
144	143		(5) Fund money may be used to:
145	144		70
146	145		(a) educate the general public and professionals regarding understanding, treatment, and
147	146		71
148	147		prevention of brain injury;
149	148		72
150	149		(b) provide access to evaluations and coordinate short-term care to assist an individual in
151	150		73
152	151		identifying services or support needs, resources, and benefits for which the individual
153	152		74
154	153		may be eligible;
155	154		75
156	155		(c) develop and support an information and referral system for persons with a brain
157	156		76
158	157		injury and their families;
159	158		77
160	159		(d) provide grants to persons or organizations to provide the services described in
161	160		78
162	161		Subsections (5)(a), (b), and (c);
163	162		79
164	163		(e) assist one or more qualified charitable clinics to provide therapeutic services; [and]
165	164		80
166	165		(f) purchase equipment for use in the qualified charitable clinic[.] ; and
167	166		81
168	167		(g) provide research grants to qualified charitable clinics in accordance with Subsection
169	168		82
170	169		(7).
171	170		83
172	171		(6) Each year, approximately no less than:
173	172		84
174	173		(a) 40% of the fund shall be used for programs and services described in Subsections
175	174		85
176	175		(5)(a) through (d);
177	176		86
178	177		(b) 25% of the fund shall be used to assist adults with brain or spinal cord injuries under
179	178		87
180	179		Subsections (5)(e) and (f); and
181	180		88
182	181		(c) 10 % of the fund shall be used to assist children with neurological conditions under
183	182		89
184	183		Subsections (5)(e) and (f).
185	184		90
186	185		(7)(a) Each year, if money remains in the fund after the money has been allocated in
187	186		91
188	187		accordance with Subsection (6), the advisory committee may award up to $100,000
189	188		92
190	189		in research grants divided among one or more qualified charitable clinics.
191	190		93
192	191		(b) A qualified charitable clinic that accepts a research grant shall agree to the
193	192		94
194	193		requirements in Subsection (7)(c) before receiving the grant.
195	194		95
196	195		(c) A qualified charitable clinic that accepts a research grant:
197		-	- 3 - H.B. 93 Enrolled Copy
198	196		96
199	197		(i) shall report the results of the nervous system research to the advisory committee;
200	198		97
201	199		(ii) shall provide the committee an itemized list of expenditures for research grant
202	200		98
203	201		money;
204	202		99
205	203		(iii) shall return any unspent research grant money to the fund;
	204	+	- 3 - H.B. 93 01-03 15:36
206	205		100
207	206		(iv) subject to Subsection (7)(c)(v), may collaborate with another entity for
208	207		101
209	208		performing the nervous system research;
210	209		102
211	210		(v) may not use research grant money to pay another entity to conduct the project; and
212	211		103
213	212		(vi) may not use research grant money to pay for administrative costs not directly
214	213		104
215	214		associated with the research project.
216	215		105
217	216		[(7)] (8) An individual who receives services either paid for from the fund, or through an
218	217		106
219	218		organization under contract with the fund, shall:
220	219		107
221	220		(a) be a resident of Utah;
222	221		108
223	222		(b) have been diagnosed by a qualified professional as having a brain injury, spinal cord
224	223		109
225	224		injury, or other neurological condition which results in impairment of cognitive or
226	225		110
227	226		physical function; and
228	227		111
229	228		(c) have a need that can be met within the requirements of this section.
230	229		112
231	230		[(8)] (9) The fund may not duplicate any services or support mechanisms being provided to
232	231		113
233	232		an individual by any other government or private agency.
234	233		114
235	234		[(9)] (10) All actual and necessary operating expenses for the Brain and Spinal Cord Injury
236	235		115
237	236		Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
238	237		116
239	238		Section 2. Section 26B-1-417 is amended to read:
240	239		117
241	240		26B-1-417 . Brain and Spinal Cord Injury Advisory Committee -- Membership --
242	241		118
243	242		Duties.
244	243		119
245	244		(1) There is created the Brain and Spinal Cord Injury Advisory Committee within the
246	245		120
247	246		department.
248	247		121
249	248		(2)(a) The advisory committee shall be composed of the following members:
250	249		122
251	250		(i) an individual employed with the Department of Health and Human Services;
252	251		123
253	252		(ii) an individual who has experienced a neurological condition;
254	253		124
255	254		(iii) an individual who has experienced a brain injury;
256	255		125
257	256		(iv) an individual who has experienced a spinal cord injury;
258	257		126
259	258		(v) a parent of a child who has a neurological condition;
260	259		127
261	260		(vi) a parent or caretaker of an individual who has experienced a brain or spinal cord
262	261		128
263	262		injury;
264	263		129
265	264		(vii) a professional who:
266		-	- 4 - Enrolled Copy H.B. 93
267	265		130
268	266		(A) provides services to adults who have experienced brain or spinal cord injuries;
269	267		131
270	268		and
271	269		132
272	270		(B) does not receive a financial benefit from the fund described in Section
273	271		133
274	272		26B-1-318;
	273	+	- 4 - 01-03 15:36 H.B. 93
275	274		134
276	275		(viii) a professional who:
277	276		135
278	277		(A) provides services to children who have a neurological condition; and
279	278		136
280	279		(B) does not receive a financial benefit from the fund described in Section
281	280		137
282	281		26B-1-318;
283	282		138
284	283		(ix) an individual licensed as a speech-language pathologist under Title 58, Chapter
285	284		139
286	285		41, Speech[ ] -Language Pathology and Audiology Licensing Act, who works with
287	286		140
288	287		individuals who have experienced a brain injury;
289	288		141
290	289		(x) a representative of an association that advocates for individuals with brain injuries;
291	290		142
292	291		(xi) an individual who conducts research or is familiar with or possesses knowledge
293	292		143
294	293		of research on neurological conditions, brain injuries, or spinal cord injuries;
295	294		144
296	295		[(xi)] (xii) a member of the House of Representatives appointed by the speaker of the
297	296		145
298	297		House of Representatives; and
299	298		146
300	299		[(xii)] (xiii) a member of the Senate appointed by the president of the Senate.
301	300		147
302	301		(b) Except for members described in [Subsection (xi) and (xii)] Subsections (2)(a)(xii)
303	302		148
304	303		through (xiii), the executive director shall appoint members of the advisory
305	304		149
306	305		committee.
307	306		150
308	307		(3)(a) [The] Except as provided in Subsection (3)(f), the term of advisory committee
309	308		151
310	309		members shall be four years.
311	310		152
312	311		(b) If a vacancy occurs in the committee membership for any reason, a replacement shall
313	312		153
314	313		be appointed for the unexpired term in the same manner as the original appointment.
315	314		154
316	315		[(b)] (c) The committee shall elect a chairperson from the membership.
317	316		155
318	317		[(c)] (d) A majority of the committee constitutes a quorum at any meeting, and, if a
319	318		156
320	319		quorum is present at an open meeting, the action of the majority of members shall be
321	320		157
322	321		the action of the advisory committee.
323	322		158
324	323		[(d)] (e) The terms of the advisory committee shall be staggered so that approximately
325	324		159
326	325		half of the committee members appointed under Subsections [(2)(b), (d), and (f) shall
327	326		160
328	327		serve an initial two-year term and members appointed under Subsections (2)(c), (e),
329	328		161
330	329		and (g) shall serve four-year terms. Thereafter, members appointed to the advisory
331	330		162
332	331		committee shall serve four-year terms.] (2)(a)(i) through (xi) are appointed every two
333	332		163
334	333		years.
335		-	- 5 - H.B. 93 Enrolled Copy
336	334		164
337	335		(f) The executive director may shorten an appointment to comply with Subsection (3)(e).
338	336		165
339	337		(4) The advisory committee shall comply with the procedures and requirements of:
340	338		166
341	339		(a) Title 52, Chapter 4, Open and Public Meetings Act; and
342	340		167
343	341		(b) Title 63G, Chapter 2, Government Records Access and Management Act.
	342	+	- 5 - H.B. 93 01-03 15:36
344	343		168
345	344		(5)(a) A member who is not a legislator may not receive compensation or benefits for
346	345		169
347	346		the member's service, but, at the executive director's discretion, may receive per diem
348	347		170
349	348		and travel expenses as allowed in:
350	349		171
351	350		(i) Section 63A-3-106;
352	351		172
353	352		(ii) Section 63A-3-107; and
354	353		173
355	354		(iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
356	355		174
357	356		63A-3-107.
358	357		175
359	358		(b) Compensation and expenses of a member who is a legislator are governed by Section
360	359		176
361	360		36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
362	361		177
363	362		(6) The advisory committee shall:
364	363		178
365	364		(a) establish priorities and criteria for the advisory committee to follow in
366	365		179
367	366		recommending distribution of money from the Brain and Spinal Cord Injury Fund
368	367		180
369	368		created in Section 26B-1-318;
370	369		181
371	370		(b) identify, evaluate, and review the quality of care:
372	371		182
373	372		(i) available to:
374	373		183
375	374		(A) individuals with spinal cord and brain injuries; or
376	375		184
377	376		(B) children with non-progressive neurological conditions; and
378	377		185
379	378		(ii) that is provided through qualified charitable clinics, as defined in Section
380	379		186
381	380		26B-1-318; [and]
382	381		187
383	382		(c) explore, evaluate, and review other possible funding sources and make a
384	383		188
385	384		recommendation to the Legislature regarding sources that would provide adequate
386	385		189
387	386		funding for the advisory committee to accomplish its responsibilities under this
388	387		190
389	388		section[.] ;
390	389		191
391	390		(d) on or before each July 1, provide a report to the Health and Human Services Interim
392	391		192
393	392		Committee describing how money in the fund described in Section 26B-1-318 was
394	393		193
395	394		used the previous year; and
396	395		194
397	396		(e) meet at least once each quarter.
398	397		195
399	398		(7) Operating expenses for the advisory committee, including the committee's staff, shall be
400	399		196
401	400		paid for only with money from the Brain and Spinal Cord Injury Fund created in Section
402	401		197
403	402		26B-1-318.
404		-	- 6 - Enrolled Copy H.B. 93
405	403		198
406	404		Section 3. Effective Date.
407	405		199
408	406		This bill takes effect on May 7, 2025.
409		-	- 7 -
	407	+	- 6 -