Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 73
                      REHABILITATION SERVICES AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Anthony E. Loubet
                              Senate Sponsor: Michael S. Kennedy
 6
 LONG TITLE
 General Description:
        This bill modifies provisions regarding neurological and brain injury rehabilitation
 services funds and committees.
 Highlighted Provisions:
        This bill:
        < combines the Pediatric Neuro-Rehabilitation Fund, the Neuro-Rehabilitation Fund
 (formerly the Spinal Cord & Brain Injury Rehab Fund), and the Brain Injury Fund
 into a single fund called the Brain and Spinal Cord Injury Fund (the fund);
        < combines the Brain Injury Advisory Committee and the Neuro-Rehabilitation Fund
 and Pediatric Neuro-Rehabilitation Fund Advisory Committee into a single advisory
 committee called the Brain and Spinal Cord Injury Advisory Committee (advisory
 committee);
        < creates the membership and duties of the advisory committee; and
        < creates a sunset date for the fund and the advisory committee.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
        < to Department of Health and Human Services - Brain Injury Fund as a one-time
 appropriation:
            C     from the Pediatric Neuro-Rehabilitation Fund, One-time, $39,900
            C     from the Spinal Cord & Brain Injury Rehab Fund, One-time, $1,170,500
 Other Special Clauses:
        This bill provides a special effective date.
       H.B. 73                                                                   Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
        26B-1-318, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
        41-1a-1201, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, 335, and
 372
        41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
        41-22-8, as last amended by Laws of Utah 2023, Chapters 328, 335
        63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
 Utah 2023, Chapter 329
        63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
 2023, Chapters 329, 332
        63I-1-241, as last amended by Laws of Utah 2023, Chapters 33, 212, 219, and 335
 REPEALS AND REENACTS:
        26B-1-417, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
 REPEALS:
        26B-1-319, as last amended by Laws of Utah 2023, Chapters 33, 212 and 335 and
 renumbered and amended by Laws of Utah 2023, Chapter 305
        26B-1-320, as renumbered and amended by Laws of Utah 2023, Chapter 305
        26B-1-418, as last amended by Laws of Utah 2023, Chapter 335 and renumbered and
 amended by Laws of Utah 2023, Chapter 305
55
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26B-1-318 is amended to read:
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       Enrolled Copy                                                                             H.B. 73
        26B-1-318. Brain and Spinal Cord Injury Fund.
        (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 Injury
 Fund] Brain and Spinal Cord Injury Fund."
        [(2)] (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
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        H.B. 73                                                                         Enrolled Copy
         (d) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8)
 and 41-22-8(3).
         [(3)] (4) The fund shall be administered by the executive director, in consultation with
 the advisory committee.
         [(4)] (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; [and]
         (d) provide grants to persons or organizations to provide the services described in
 Subsections [(4)(a)] (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.
         [(5) Not less that 50% of the fund shall be used each fiscal year to directly assist
 individuals who meet the qualifications described in Subsection (6).]
         (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).
         [(6)] (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;
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        Enrolled Copy                                                                            H.B. 73
           (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.
           [(7)] (8) The fund may not duplicate any services or support mechanisms being
 provided to an individual by any other government or private agency.
           [(8)] (9) All actual and necessary operating expenses for the [Brain Injury] Brain and
 Spinal Cord Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid
 by the fund.
           [(9) The fund may not be used for medical treatment, long-term care, or acute care.]
           Section 2. Section 26B-1-417 is repealed and reenacted to read:
           26B-1-417. Brain and Spinal Cord Injury Advisory Committee -- Membership --
 Duties.
           (1) There is created the Brain and Spinal Cord Injury Advisory Committee within the
 department.
           (2) (a) The advisory committee shall be composed of the following members:
           (i) an individual employed with the Department of Health and Human Services;
           (ii) an individual who has experienced a neurological condition;
           (iii) an individual who has experienced a brain injury;
           (iv) an individual who has experienced a spinal cord injury;
           (v) a parent of a child who has a neurological condition;
           (vi) a parent or caretaker of an individual who has experienced a brain or spinal cord
 injury;
           (vii) a professional who:
           (A) provides services to adults who have experienced brain or spinal cord injuries; and
           (B) does not receive a financial benefit from the fund described in Section 26B-1-318;
           (viii) a professional who:
           (A) provides services to children who have a neurological condition; and
           (B) does not receive a financial benefit from the fund described in Section 26B-1-318;
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       H.B. 73                                                                         Enrolled Copy
        (ix) an individual licensed as a speech-language pathologist under Title 58, Chapter 41,
 Speech Language Pathology and Audiology Licensing Act, who works with individuals who
 have experienced a brain injury;
        (x) a representative of an association that advocates for individuals with brain injuries;
        (xi) a member of the House of Representatives appointed by the speaker of the House
 of Representatives; and
        (xii) a member of the Senate appointed by the president of the Senate.
        (b) Except for members described in Subsection (xi) and (xii), the executive director
 shall appoint members of the advisory committee.
        (3) (a) The term of advisory committee members shall be four years. If a vacancy
 occurs in the committee membership for any reason, a replacement shall be appointed for the
 unexpired term in the same manner as the original appointment.
        (b) The committee shall elect a chairperson from the membership.
        (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
 is present at an open meeting, the action of the majority of members shall be the action of the
 advisory committee.
        (d) The terms of the advisory committee shall be staggered so that members appointed
 under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
 appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
 members appointed to the advisory committee shall serve four-year terms.
        (4) The advisory committee shall comply with the procedures and requirements of:
        (a) Title 52, Chapter 4, Open and Public Meetings Act; and
        (b) Title 63G, Chapter 2, Government Records Access and Management.
        (5) (a) A member who is not a legislator may not receive compensation or benefits for
 the member's service, but, at the executive director's discretion, may receive per diem and
 travel expenses as allowed in:
        (i) Section 63A-3-106;
        (ii) Section 63A-3-107; and
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        Enrolled Copy                                                                               H.B. 73
         (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
 63A-3-107.
         (b) Compensation and expenses of a member who is a legislator are governed by
 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
         (6) The advisory committee shall:
         (a) establish priorities and criteria for the advisory committee to follow in
 recommending distribution of money from the Brain and Spinal Cord Injury Fund created in
 Section 26B-1-318;
         (b) identify, evaluate, and review the quality of care:
         (i) available to:
         (A) individuals with spinal cord and brain injuries; or
         (B) children with non-progressive neurological conditions; and
         (ii) that is provided through qualified charitable clinics, as defined in Section
 26B-1-318; and
         (c) explore, evaluate, and review other possible funding sources and make a
 recommendation to the Legislature regarding sources that would provide adequate funding for
 the advisory committee to accomplish its responsibilities under this section.
         (7) Operating expenses for the advisory committee, including the committee's staff,
 shall be paid for only with money from the Brain and Spinal Cord Injury Fund created in
 Section 26B-1-318.
         Section 3. Section 41-1a-1201 is amended to read:
         41-1a-1201. Disposition of fees.
         (1) All fees received and collected under this part shall be transmitted daily to the state
 treasurer.
         (2) Except as provided in Subsections (3), (5), (6), (7), (8), and (9) and Sections
 41-1a-1205, 41-1a-1220, 41-1a-1221, 41-1a-1222, 41-1a-1223, and 41-1a-1603, all fees
 collected under this part shall be deposited into the Transportation Fund.
         (3) Funds generated under Subsections 41-1a-1211(1)(b)(ii), (6)(b)(ii), (7), and (9), and
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        H.B. 73                                                                        Enrolled Copy
 Section 41-1a-1212 shall be deposited into the License Plate Restricted Account created in
 Section 41-1a-122.
         (4) (a) Except as provided in Subsections (3) and (4)(b) and Section 41-1a-1205, the
 expenses of the commission in enforcing and administering this part shall be provided for by
 legislative appropriation from the revenues of the Transportation Fund.
         (b) Three dollars of the registration fees imposed under Subsections 41-1a-1206(2)(a)
 and (b) for each vehicle registered for a six-month registration period under Section
 41-1a-215.5 may be used by the commission to cover the costs incurred in enforcing and
 administering this part.
         (c) Fifty cents of the registration fee imposed under Subsection 41-1a-1206(1)(i) for
 each vintage vehicle that has a model year of 1981 or newer may be used by the commission to
 cover the costs incurred in enforcing and administering this part.
         (5) (a) The following portions of the registration fees imposed under Section
 41-1a-1206 for each vehicle shall be deposited into the Transportation Investment Fund of
 2005 created in Section 72-2-124:
         (i) $30 of the registration fees imposed under Subsections 41-1a-1206(1)(a), (1)(b),
 (1)(f), (4), and (7);
         (ii) $21 of the registration fees imposed under Subsections 41-1a-1206(1)(c)(i) and
 (1)(c)(ii);
         (iii) $2.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(ii);
         (iv) $23 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(i);
         (v) $24.50 of the registration fee imposed under Subsection 41-1a-1206(1)(e)(i); and
         (vi) $1 of the registration fee imposed under Subsection 41-1a-1206(1)(d)(ii).
         (b) The following portions of the registration fees collected for each vehicle registered
 for a six-month registration period under Section 41-1a-215.5 shall be deposited into the
 Transportation Investment Fund of 2005 created in Section 72-2-124:
         (i) $23.25 of each registration fee collected under Subsection 41-1a-1206(2)(a)(i); and
         (ii) $23 of each registration fee collected under Subsection 41-1a-1206(2)(a)(ii).
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        Enrolled Copy                                                                          H.B. 73
        (6) (a) Ninety-four cents of each registration fee imposed under Subsections
 41-1a-1206(1)(a) and (b) for each vehicle shall be deposited into the Public Safety Restricted
 Account created in Section 53-3-106.
        (b) Seventy-one cents of each registration fee imposed under Subsections
 41-1a-1206(2)(a) and (b) for each vehicle registered for a six-month registration period under
 Section 41-1a-215.5 shall be deposited into the Public Safety Restricted Account created in
 Section 53-3-106.
        (7) (a) One dollar of each registration fee imposed under Subsections 41-1a-1206(1)(a)
 and (b) for each vehicle shall be deposited into the Motor Vehicle Safety Impact Restricted
 Account created in Section 53-8-214.
        (b) One dollar of each registration fee imposed under Subsections 41-1a-1206(2)(a)
 and (b) for each vehicle registered for a six-month registration period under Section
 41-1a-215.5 shall be deposited into the Motor Vehicle Safety Impact Restricted Account
 created in Section 53-8-214.
        (8) Fifty cents of each registration fee imposed under Subsection 41-1a-1206(1)(a) for
 eac