§ 20-77-702 - Definitions.
20-77-702. Definitions.
As used in this subchapter:
(1) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care;
(2) "Beneficiary" means a natural person who has sustained injury, is wholly or partially disabled or suffers from medical conditions, and is dependent for care or support;
(3) "Claimant" means any of the following persons applying for reparations under this subchapter:
(A) A beneficiary;
(B) A dependent of a beneficiary; and
(C) A person authorized to act on behalf of any of the persons enumerated in subdivisions (6)(A) and (B) of this section;
(4) "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive under this subchapter which the claimant has received, or which is readily available to the claimant, from any one (1) or more of the following:
(A) State required temporary nonoccupational disability insurance;
(B) Workers' compensation;
(C) Wage continuation programs of any employer;
(D) Proceeds of a contract of insurance payable to the claimant for loss which the beneficiary sustained; or
(E) A contract providing services or benefits for disability; and
(5) "Contributing beneficiary" means a beneficiary who has contributed funds to the Special Needs Trust Revolving Fund;
(6) "Cotrustees of the Special Needs Trust Revolving Fund" shall mean:
(A) The Department of Human Services created by 25-10-101 et seq.; and
(B) A federally insured bank, savings bank, or safe deposit or trust company authorized by law to do business as such, which shall be selected by the department. The department shall have the authority to choose a new cotrustee under this subdivision at its discretion;
(7) "Economic loss" means monetary detriment consisting only of allowable expense and replacement services loss;
(8) "Grantor" means the individual, institution, or entity that established, created, or funded the trust and shall also include fiduciaries as defined by 28-69-201 and third parties as contemplated by 20-77-301 et seq.;
(9) "Noneconomic detriment" means inconvenience, physical impairment, and nonpecuniary damage;
(10) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services; and
(11) "Trust" means a trust, or similar legal device, established other than by will by an individual or an individual's spouse under which the individual may be a beneficiary of all or part of the payments from the trust, and the distribution of such payments is determined by one (1) or more trustees or other fiduciaries who are permitted to exercise any discretion with respect to the distribution to the individual. The term "trust" shall include trusts, conservatorships, and estates created pursuant to the administration of a guardianship.