No. 36937 (New Rule): Rule R384-202. Traumatic Spinal Cord and Brain Injury Rehabilitation Fund

(New Rule)

DAR File No.: 36937
Filed: 10/11/2012 09:48:08 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides procedures for distribution of money from the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund established in Title 26, Chapter 54.

Summary of the rule or change:

This rule establishes procedure for the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee to annually review and establish criteria for recommending distribution of funding to charitable clinics to provide the services designated in Title 26, Chapter 54. The rule establishes the request for funding applications process, development of the guidance, as well as the review, evaluation, recommendation and funding award process.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 54

Anticipated cost or savings to:

the state budget:

Total cost is $221,200: estimated $200,000 per year from a $20 per impound fee in Section 41-6a-1406 is designated for the Traumatic Spinal Cord and Brain Injury Fund for provision of Traumatic Spinal Cord and Brain Injury services through charitable clinics; and $21,200 general fund for administration of Traumatic Spinal Cord and Brain Injury Rehabilitation Fund.

local governments:

None--Political Subdivisions do not provide services to these Traumatic Spinal Cord and Brain Injury clients.

small businesses:

None--These charitable clinics will be serving the spinal cord and brain injury clients that have exhausted their insurance coverage, therefore it would not be taking business away from other clinics, physical, speech, or occupational therapists.

persons other than small businesses, businesses, or local governmental entities:

Cost is $200,000: charitable clinics will be recipients of the funds to treat spinal cord and brain injury clients.

Compliance costs for affected persons:

Charitable clinics that apply for the funding will be required to prepare a short (five - six page) application detailing their out reach efforts, assessments, staffing, proposed services and equipment, fee structure and evaluation. It is anticipated that it would take approximately five - six hours staff time to prepare their application. These cost would be variable depending upon the salary of the staff that will be preparing the application.

Comments by the department head on the fiscal impact the rule may have on businesses:

The committee structure set up pursuant to Legislative directive will have objective criteria to guide the distribution of the funds. Business should benefit.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Health Promotion
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Heather Borski at the above address, by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

David Patton, Executive Director

RULE TEXT

R384. Health, Disease Control and Prevention, Immunization.

R384-202. Traumatic Spinal Cord and Brain Injury Rehabilitation Fund.

R384-202-1. Authority and Purpose.

(1) This rule provides the procedures for the distribution of money from the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund established by Title 26, Chapter 54.

(2) This rule is authorized by Title 26, Chapter 54, Section 103.

 

R384-202-2. Definitions.

(1) "Committee" means the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund Advisory Committee.

(2) "Fund" means the Traumatic Spinal Cord and Brain Injury Rehabilitation Fund.

 

R384-202-3. Priorities and Criteria.

As necessary and not less than on an annual basis, the Committee shall review and establish the criteria and priorities for the distribution of money from the Fund. These criteria and priorities shall be followed when recommending to the Executive Director the distribution of money to charitable clinics for the provision of the services and equipment designated in Section 26-54. These criteria shall be recorded in the minutes of the meetings and incorporated into the guidance for the request for funding applications.

 

R384-202-4. Request for Funding Applications.

(1) A request for funding applications will be issued by the Department.

(2) Applications to the Fund shall comply with the current guidance established by the committee, approved by the Executive Director and issued by the Department.

(3) Applications will be evaluated based upon the Committee's approved criteria using an objective review subcommittee. Evaluation results will be presented to the Committee for review and approval. The Committee will submit the approved applicants with funding recommendations to the Executive Director.

 

R384-202-5. Fund Awards.

(1) The Executive Director will determine Fund awards based on the committees recommendations for approved applicants.

(2) The Department shall issue the Fund awards in the form of contracts or grants.

(3) Awards are contingent upon available funds, successful completion of previous contract services and the quality of spinal cord injury and traumatic brain injury services previously provided.

(4) Funded applicants will submit required reports as specified in the contract or grant.

 

R384-202-6. Audit Provisions.

A charitable clinic that receives state funds under 26-54 must submit, upon request, to a Department audit of the recipients' compliance with the terms of the contract or grant.

 

KEY: traumatic spinal cord injury, traumatic brain injury, Traumatic Spinal Cord and Brain Injury Rehabilitation Fund

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 26-54

 

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