DAR File No. 32618

Health, Health Systems Improvement, Emergency Medical Services

R426-6

Emergency Medical Services Competitive Grants Program Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32618
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 Competitive 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 definitions for County EMS Council or Committee and Multi-county EMS Council or committee were changed to avoid mandating their representation, because that should be decided by those councils, not designated by the state. The Grants Subcommittee proposed that local councils not prioritize local grants, but make recommendations only as to funding. The word "problems" was changed to "issues".

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 competitive 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 competitive grants program because of reduced funding. The impact on some of the "urban" agencies will be quite major, especially Utah County, which has had an average competitive grant funding for the past five years of over $105,000. However, agencies with less than 10,000 people and counties that are Class four, five and six, could see approximately eight times as much competitive money.

small businesses and persons other than businesses:

Dixie Ambulance is the only for-profit entity that will see a loss of money from the competitive grants program. The average competitive grant funding Dixie Ambulance has received over the past five years is over $15,000.

Compliance costs for affected persons:

There are no compliance costs because the competitive 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.

R426-6. Emergency Medical Services Competitive Grants Program Rules.

R426-6-2. Definitions.

(1) County EMS Council or Committee means a group of persons recognized by the county commission as the legitimate entity within the county to formulate policy regarding the provision of EMS.[ It is recommended that the committee have the following representation: A physician and a nurse involved in the provision of emergency medical care; an ambulance service representative; a paramedic service representative, if available within county; a dispatcher representative; a local health department director or his designee and; a county commissioner or his designee; other members as locally appointed.]

(2) Multi-county EMS council or committee means a group of persons recognized by an association of counties as the legitimate entity within the association to formulate policy regarding the provision of EMS.[ It is recommended that the committee have the following representation: A physician and a nurse involved in the provision of emergency medical care; an ambulance service representative; a paramedic service representative, if available within county; a dispatcher representative; a local health department director or his designee and; a county commissioner or his designee; other members as locally appointed.]

(3) "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.

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

 

R426-6-3. Eligibility.

(1) Competitive grants are available for use specifically related to the provision of emergency medical services.

(2) Grantees must be in compliance with the EMS Systems Act and all EMS rules during the grant period.

(3) [Only the following entities are eligible for competitive grant funds:]If an entity is considered a rural area or a rural county area, and fits the following criteria, they are eligible for competitive grant funds:

(a) licensed EMS agencies;

(b) designated EMS agencies;[ and]

(c) political subdivisions of Utah state or local governments that are seeking grants to provide for initial training to become licensed or designated EMS agencies; and

(d) non-profit entities that are seeking grants to provide for initial training to become licensed or designated EMS agencies.

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

 

R426-6-5. Competitive Grant Process.

(1) The Grant Program Guidelines, outlining the review schedule, funding amounts, eligible expenditures, and awards schedule shall be established annually by the EMS Committee.

(2) The department may accept only complete applications which are submitted by the deadlines established by the EMS Committee.

(3) It is the intent of the EMS Committee that there be local EMS council or committee review [and prioritization ]of EMS grant applications. Therefore, copies of grant applications [shall]should be provided by grant applicants to their respective county EMS councils or committees and the multi-county EMS councils or committees, where organized,[ for a period of at least 30 days] for review and [prioritization before consideration by]recommendation to the State Grants subcommittee.[ State reviews may not be conducted for grant proposals which have not been first submitted to the county or the multi-county EMS councils or committees.]

(4) Agencies that are licensed or designated, whose EMS service area includes multiple local EMS Committee jurisdictions will be reviewed separately by the State Grants Subcommittee.

(5) The Grants Subcommittee shall review the competitive grant applications and forward its recommendations to the EMS Committee. The EMS Committee shall review and comment on the Grants Subcommittee recommendations and forward to the Department.

(6) Grant recipients shall provide matching funds in the amount specified in the Grant Program Guidelines.

(7) The Grants Subcommittee may recommend reducing or waiving the matching fund requirements where appropriate in order to respond to special or pressing local or state EMS [problems]issues.

(8) The Grants Subcommittee shall make recommendations based upon the following criteria:

(a) the impact on patient care;

(b) a description of the size and significant impediments of the geographic service area;

(c) the population demographics of the service area;

(d) the urgency of the need;

(e) call volume;

(f) the per capita grant allocated to each agency, and its relative benefit on the agency to provide EMS service;

(g) local county [prioritization]recommendation;

(h) a description of the agency; and

(i) percent of responses to non-residents of the service area.[

(9) Applications requesting grant award extensions past June 30, must be made to the department by May 30 of the grant year. Requests made after that time will not be accepted. Grants extensions may only be given for unforeseen circumstances.

(10) The Department may withhold payment of grant funds to a grantee that is six months or more in arrears in payments owed to the Department until the overdue payments are paid in full.]

 

R426-6-6. Interim or Emergency Grant Awards.

(1) The Grants [Review ]Subcommittee may recommend interim or emergency grants if all the following are met:

(a) Grant funds are available;

(b) The applicant clearly demonstrates the need;

(c) the application was not rejected by the Grants [Review ]Subcommittee during the current grant cycle; and

(d) Delay of funding to the next scheduled grant cycle would impair the agency's ability to provide EMS care.

(2) Applicants for interim or emergency grants shall:

(a) submit an interim/emergency grant application, following the same format as annual grant applications; and

(b) submit the interim/emergency grant application to the Department at least 30 days prior to the EMS Committee meeting at which the grant application will be reviewed.

(3) The Grants [Review ]Subcommittee shall review the interim/emergency grant application and forward recommendations to the EMS Committee. The EMS Committee shall review and comment on the Grants [Review ]Subcommittee recommendations and forward to the Department.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [February 7, 2008]2009

Notice of Continuation: October 31, 2007

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