DAR File No. 32615

Health, Health Systems Improvement, Emergency Medical Services

R426-8

Emergency Medical Services Per Capita Grants Program Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32615
Filed: 04/30/2009, 04:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Legislature made changes in the EMS Systems Act through H.B. 447, that entail that the Per Capita Grants Program Rules be changed. The changes in the proposed rule are as a result of this law change, and there are some housekeeping changes. (DAR NOTE: H.B. 447 (2009) is found at Chapter 82, Laws of Utah 2009, and will be effective 07/01/2009.)

Summary of the rule or change:

The Legislature defined "rural area" and "rural county area" and deleted funding to any other agencies. The definitions the Legislature used have been put in the rule. The rule also clarifies which agencies are eligible. The award formula was changed to comply with Legislative intent.

State statutory or constitutional authorization for this rule:

Section 26-8a-207

Anticipated cost or savings to:

the state budget:

The changes impose no additional duties on state government and do not relieve state government from any responsibilities. However, the Legislature took $250,000 out of the State EMS General Funds and told the Bureau that funding for "urban" areas for per capita grants would not be allowed.

local governments:

There will be a cost to all urban areas and any county that is Class one, two or three. These counties will lose $250,000 through the per capita grants program because of the reduced funding. The impact on some of the "urban" agencies will be quite major, especially Salt Lake County agencies, which have had an average per capita funding for the past five years of over $316,000. However, agencies with less than 10,000 people and counties that are Class four, five, and six, could see approximately eight times as much per capita money.

small businesses and persons other than businesses:

Dixie Ambulance Service is the only for-profit entity that will see a loss of money from the per capita grants program. The average per capita grant funding Dixie Ambulance has received for the past five years is over $8,000.

Compliance costs for affected persons:

There are no compliance costs because the per capita grants are monies provided to EMS providers through the Criminal Fines and Forfeitures. The rule imposes no additional application requirements.

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

These rule changes are necessary to stay within appropriations provided by the Legislature. David N. Sundwall, MD, Executive Director

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

Health
Health Systems Improvement, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY UT 84106

Direct questions regarding this rule to:

Leslie Johnson at the above address, by phone at 801-273-6636, by FAX at 801-273-0744, or by Internet E-mail at lesliejjohnson@utah.gov

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:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

David N. Sundwall, Executive Director

R426. Health, Health Systems Improvement, Emergency Medical Services.

R426-8. Emergency Medical Services Per Capita Grants Program Rules.

R426-8-1. Authority and Purpose.

(1) This rule is established under Title 26 chapter 8a.

(2) The purpose of this rule provides guidelines for the equitable distribution of per capita grant funds specified under the Emergency Medical Services (EMS) Grants Program.

 

R426-8-2. Definitions.

(1) "Rural area" means an exclusive geographic service area as provided under Section 26-8a-402, that is a city, town, or other similar community with a population of 10,000 or less based on the most recently published data of the United States Census Bureau.

(2) "Rural county area" means an exclusive geographic service area as provided under the Section 26-8a-402, that is a county of the fourth, fifth, or sixth class as provided under Section 17-50-501.

 

R426-8-[2]3. Eligibility.

(1) Per capita grants are available only to licensed EMS ambulance services,[and ]paramedic services, [and ]EMS designated first response units and EMS dispatch providers that are within rural areas or rural county areas and are either:

(a) agencies or political subdivisions of local or state government or incorporated non-profit entities; or

(b) for-profit EMS[emergency medical service] providers that are the primary [emergency medical service]EMS provider for a service area.

(2)(a) A for-profit [emergency medical service]EMS provider is a primary [emergency medical service]EMS provider in a geographical service area if it is licensed for and provides service at a higher level than the public or non-profit provider;

(b) The levels of [emergency medical service]EMS providers are in this rank order:

(A) Paramedic rescue;

(B) Paramedic ambulance;

(C) EMT-Intermediate;

(D) EMT-IV; and

(E) EMT-Basic.

(c) Paramedic interfacility transfer ambulance, EMT-Interfacility ambulance transport, or paramedic tactical rescue units are not eligible for per capita funding because they cannot be the primary [emergency medical services]EMS provider for a geographical service area.

(3) Grantees must be in compliance with the EMS Systems Act and all EMS rules during the grant period.[ If a potential grantee owes the Department money, and the grantee's account is more than six months old, the Department may withhold payment of grant funds until such account is paid in full.]

(4) An applicant that is six months or more in arrears in payments owed to the Department is ineligible for competitive grant consideration.

 

R426-8-[3]4. Grant Implementation.

(1) Per Capita grants are available for use specifically related to the provision of [emergency medical services]EMS.

(2) Grant awards are effective on July 1 and must be used by June 30 of the following year. No extensions will be given.

(3) Grant funding is on a reimbursable basis after presentation of documentation of expenditures which are in accordance with the approved grant awards budget.

(4) No matching funds are required for per capita grants.

(5) Per capita funds may be used as matching funds for competitive grants.

 

R426-8-[4]5. Application and Award Formula.

(1) Grants are available to eligible providers that complete a grant application by the deadline established annually by the Department.

(2) Agency applicants shall certify agency personnel rosters as part of the grant application process.

(a) A certified individual who works for both a public and a for-profit agency may be credited only to the public or non-profit licensee or designee.

(b) Certified individuals may be credited for only one agency. However, if a dispatcher is also an EMT, EMT-I, EMT-IA, or paramedic, the dispatcher may be credited to one agency as a dispatcher and one agency as an EMT, EMT-I, EMT-IA, or paramedic.

(c) Certified individuals who work for providers that cover multiple counties may be credited only for the county where the certified person lives.[

(d) The Department shall determine the amounts of the per capita grants by prorating available funds on a per capita basis by county.]

(3) The Department shall allocate funds [to licensed and designated ambulance and paramedic providers, designated dispatch agencies and designated first response units ]by using the following point totals for [their]agency-certified personnel: certified Dispatchers = 1; certified Basic EMTs[ and EMT-IVs] = 2; certified Intermediate EMTs and Intermedicate-Advanced EMTs = 3; and certified Paramedics = 4. The number of certified personnel is based upon the personnel rosters of each licensed EMS provider, designated EMS dispatch agency and designated EMS first response unit as of [January]March 1 immediately prior to the grant year, which begins July 1. To comply with Legislative intent, the point totals of each eligible agency will be multiplied by the current county classification as provided under Section 17-50-501.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [January 13], 2009

Notice of Continuation: January 24, 2006

Authorizing, and Implemented or Interpreted Law: 26-8a