DAR File No. 38662

Health, Disease Control and Prevention, Epidemiology

Rule R386-80

Local Public Health Emergency Funding Protocols

Notice of Proposed Rule

(New Rule)

DAR File No.: 38662
Filed: 07/01/2014 04:51:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has been written in response to S.B. 20, passed by the Utah Legislature in the 2009 General Legislative Session, that requires the Utah Department of Health establish a Local Public Health Emergency Funding Program and requirements and protocols for the program.

Summary of the rule or change:

Upon the occurrence of local public health emergency, a local health department may be able to access the funding appropriated by the legislature. The rule establishes that a Memorandum of Agreement between the Utah Department of Health and the Local Health Officers Association be entered into in order to define more specifically public health emergency, types of reimbursable expenses, and a formula for the distribution of funds if there are multiple public health departments emergencies at similar times with not enough funding.

State statutory or constitutional authorization for this rule:

• Section 26-1-38

Anticipated cost or savings to:

the state budget:

This rule outlines how local health departments can request reimbursement for expenses incurred during a local public health emergency. Costs to the state would include staff time necessary to process reimbursement requests. The Division cannot estimate the total cost as the Division has no way of knowing the possible number of public health emergencies and the total of reimbursement requests that might be received.

local governments:

The state funding allocated per S.B. 20 assists the local health departments should an emergency occur. These funds will provide additional funding for emergency needs.

small businesses:

This rule outlines how local health departments can request reimbursement for expenses incurred during a local public health emergency. Small business are not involved the reimbursement process and will not be affected.

persons other than small businesses, businesses, or local governmental entities:

This rule outlines how local health departments can request reimbursement for expenses incurred during a local public health emergency. Persons other than local health departments are not involved the reimbursement process and will not be affected.

Compliance costs for affected persons:

This rule outlines how local health departments can request reimbursement for expenses incurred during a local public health emergency. Costs to local health departments will include primarily time to complete reimbursement requests. The Division cannot estimate the total cost as the Division has no way of knowing the possible number of public health emergencies and the total of reimbursement requests that local health departments might submit.

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

This should have no adverse effect of business because it will provide additional funding for emergency needs.

David Patton, PhD, Executive Director

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

Health
Disease Control and Prevention, Epidemiology
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Jennifer Brown at the above address, by phone at 801-538-6131, by FAX at 801-538-9913, or by Internet E-mail at jenniferbrown@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:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

David Patton, Executive Director

R386. Health, Disease Control and Prevention, Epidemiology.

R386-80. Local Public Health Emergency Funding Protocols.

R386-80-1. Authority and Purpose.

(1) This rule establishes a local health emergency assistance program to be administered by the Utah Department of Health. This program establishes the Public Emergency Fund to be funded with money appropriated by the legislature or otherwise made available to the program fund as defined by this rule

(2) Monies that the legislature appropriates to the Program Fund are non-lapsing and must be used exclusively to provide emergency funding to local health departments. However, the Department may use money in the Program to cover its costs of administering the Program.

(3) Any interest earned on the balance of the funds in the Program shall be deposited to the General Fund.

 

R386-80-2. Definitions.

(1) Department - means the Utah Department of Health.

(2) Local Health Department - means a county or multicounty local health department established under Utah Code Title 26A.

(3) Local Public Health Emergency - means an unusual event or series of events causing or resulting in a substantial risk or potential risk to the health of a significant portion of the population within the boundary of a local health department.

(4) Program - means the local health emergency assistance program established under this section.

(5) Program Fund - means money that the Legislature appropriates to the Department for use in the Program and other monies otherwise made available for use in the Program.

 

R386-80-3. Reimbursement of Local Health Departments.

(1) Upon the occurrence of a local public health emergency by the local health officer with the concurrence by the Executive Director of the Department, the local health department is eligible to receive reimbursement through the Public Emergency Funding Program for expenses incurred in responding to a local health emergency to the extent funding is available.

(2) The request for reimbursement from the fund shall include an itemized list of expenses incurred associated with the public health emergency. The list of expenses shall be in the format directed by the Department. The local health department is required to match funds received from the Program Fund. The total of the program reimbursement and the local match cannot exceed the total dollars expended on the emergency.

(3) If the Department receives requests for emergency funding from multiple local health departments during a similar time period for the same public health emergency, and the requests exceed the balance of the funding available, the Department shall allocate the distribution of available funds by an agreed upon formula with the Local Health Officers Association. Information contained in the local health department request for funding is subject to both audit and approval by the Department.

(4) The Local Health Officers Association and the Department shall, through a Memorandum of Agreement, include more specifically what constitutes a public health emergency, types of reimbursable expenses, and the formula to be used if multiple public health emergencies occur at similar times with not enough funding available.

 

R386-80-4. Department Reports.

(1) The Department shall submit a report each September to the Health and Human Services Interim Committee of the Utah Legislature summarizing program activities. The report shall consist of:

(a) A description of the requests for reimbursement from local health departments during the preceding 12 months;

(b) The amount of each reimbursement made from the Program Fund to local health departments; and,

(c) The current balance of the Program Fund.

(2) A copy of the report shall also be submitted to the appropriations subcommittee designated by the Executive Appropriations Committee of the Legislature.

 

R386-80-5. Record Keeping.

(1) The Department shall keep all financial records related to distribution of funds to local health departments according to established rules for such financial documents.

 

KEY: public health emergency

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 26-1-38