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Trust Funds

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Trust funds are established through legislation to receive funding from fees and fines typically assessed on speeding, reckless driving, driving while under the influence and other civil or criminal convictions. In some States, surcharges are added to temporary auto license tags, drivers' licenses, or firearm registrations. The revenue collected is used to provide services and supports to individuals with brain injuries and their families. In a few States the service population includes individuals with acquired brain injury and/or individuals with spinal cord injury.

Frequently, the legislation that creates the trust fund establishes an advisory committee to provide general oversight and designates a State Agency responsible for administering the fund's programs and services. The State's legislature, advisory committee, or administrating agency may establish rules governing the use of the fund. The rules may include consumer and provider eligibility; amount, scope, and duration of services; and reimbursement rates. Trust fund rules often include annual and lifetime spending caps. In some States, the legislation stipulates that the trust fund shall be non-reverting, which means that even in tight budget times unspent funds accumulate for the future and do not revert to the State's pool of general revenue.

The first trust fund was created in Pennsylvania in 1985. California and Florida followed with legislation in 1988. By 2004 18 States had adopted trust fund legislation. The estimated annual revenue generated ranges from $500,000 in Missouri to $15 million in Florida. Specific programs and services provided through trust funds vary by State and may include acute care, inpatient and outpatient rehabilitation, transitional living services, adaptive equipment and home modifications. Some trust funds provide family supports such as respite or facilitated psychotherapy groups. In a few States, trust fund revenues may be used for research and/or education, awareness and prevention initiatives.

Click here to order "Guide to State Government Brain Injury Policies, Funding and Services" to learn more about trust funds and other State systems components.

Legislation/Regulations

TBI TAC’s Compilation of TBI Trust Fund Legislation [PDF 121KB]

Products

Trust Fund Web Cast

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