Services for persons with brain injuries - limitations - covered services.

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(1) The board shall determine the percentage of money credited to the trust fund to be spent annually on service coordination and skills training for persons with brain injuries; however, no less than fifty-five percent of the money annually credited to the trust fund pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) must be used to provide service coordination and skills training to persons with brain injuries.

  1. An individual is not required to exhaust all private funds in order to be eligible forthe program. Individuals who have continuing health insurance benefits, including but not limited to medical assistance pursuant to articles 4, 5, and 6 of title 25.5, may access the trust fund for services that are necessary but that are not covered by a health benefit plan, as defined in section 10-16-102 (32), or any other funding source.

  2. and (4) Repealed.

(5) All individuals receiving assistance from the trust fund shall receive service coordination and skills training. In addition to service coordination and skills training, the board shall determine any additional services covered by the trust fund. The board may prioritize the services covered by the trust fund and eligibility for the services while ensuring fidelity to the program's original intent to serve individuals with traumatic brain injuries. Covered services do not include institutionalization, hospitalization, or medication.

Source: L. 2002: Entire section added, p. 1607, § 1, effective January 1, 2003. L. 2003: (1) amended, p. 1998, § 49, effective May 22. L. 2004: (3) amended, p. 480, § 2, effective August 4. L. 2006: (2) amended, p. 2016, § 96, effective July 1. L. 2009: (1) amended, (SB 09-

005), ch. 135, p. 589, § 3, effective April 20. L. 2010: (1) amended, (HB 10-1347), ch. 258, p. 1160, § 8, effective July 1. L. 2013: (2) amended, (HB 13-1266), ch. 217, p. 993, § 66, effective May 13. L. 2019: (1) and (2) amended, (3) and (4) repealed, and (5) R&RE, (HB 19-1147), ch. 178, p. 2030, § 4, effective August 2.

Editor's note: This section was enacted as 26-1-205 in House Bill 02-1281 but was renumbered on revision for ease of location.


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