DAR File No. 39628

Health, Family Health and Preparedness, Emergency Medical Services

Rule R426-6

Emergency Medical Services Per Capita and Competitive Grant Program Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 39628
Filed: 08/31/2015 10:11:30 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The grant award effective dates need to be revised from the fiscal year dates to the dates listed within the Emergency Medical Services (EMS) Grant guidelines.

Summary of the rule or change:

Grant awards effective date needs to be amended to the end of July, after the EMS Committee meets and approves EMS Grant Awards for the new fiscal year. The end date of the grant award needs to be amended, as they do not match current EMS Grant guideline or contract dates. The new Section R426-6-3 needs to be amended to reflect the new grant effective dates.

State statutory or constitutional authorization for this rule:

• Section 26-8a-207

Anticipated cost or savings to:

the state budget:

State budget will not be impacted as this matches existing EMS Grant Guidelines and Grant Contracts.

local governments:

Local government budgets will not be impacted as EMS agencies still have over 10 months to utilize EMS Grant funds.

small businesses:

EMS budgets will not be impacted as grant awards are effective for over 10 months.

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

EMS budgets will not be impacted as grant awards are effective for over 10 months.

Compliance costs for affected persons:

There are no costs to the agency for this rule revision.

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

The proposed change revises the grant award date from June 30 to May 15 and adds that the per capita grant award is no less than $500. This change has no fiscal impact on business because it neither places additional requirements on business nor does it reduce or increase any funding that would go to business.

Joseph Miner, 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
Family Health and Preparedness, Emergency Medical Services
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Allan Liu at the above address, by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at aliu@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:

10/15/2015

This rule may become effective on:

10/22/2015

Authorized by:

Joseph Miner, Executive Director

R426. Health, Family Health and Preparedness, Emergency Medical Services.

R426-6. Emergency Medical Services Per Capita and Competitive Grant Programs Rules.

R426-6-1. 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 and competitive grant funds specified under the Emergency Medical Services (EMS) Grants Program.

 

R426-6-2. Per Capita and Competitive Grants Eligibility.

(1) Grants are available only to licensed EMS ambulance services, paramedic services, EMS designated first response units, and EMS dispatch providers that are either:

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

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

(2) A for-profit EMS provider is a primary 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;

(a) The levels of EMS providers are in this rank order:

(i) Paramedic service;

(ii) EMT-IA;

(iii) Advanced EMT;

(iv) EMT;

(v) EMR;

(vi) EMD.

(b) Paramedic ambulance interfacility transports, EMT ambulance interfacility transports, or paramedic tactical rescue units are not eligible for grant funding because they cannot be the primary EMS provider for a geographical service area.

(3) Grants are available for use specifically related to the provision of emergency medical services. Grant funds cannot be used for rescue and fire equipment.

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

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

 

R426-6-3. Per Capita and Competitive Grants Implementation.

(1) In accordance with Title 26, Chapter 8a, awards shall be implemented by grants between the Department and the grantee.

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

(3) The [d]Department may accept only complete applications which are submitted by the deadlines established by the Department and EMS Committee.

(4) Grant awards are effective on July [1]31 and must be used by [June 30]May 15 of the following year. No extensions will be given.

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

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

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

(8) Per capita grant award shall be no less than $500.

 

R426-6-4. Per Capita Application and Award Formula.

(1) Per capita 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, AEMT, EMT-IA, or paramedic, the dispatcher may be credited to one agency as a dispatcher and one agency as an EMT, EMT-I, AEMT, 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.

(3) The Department shall allocate funds by using the following point totals for agency-certified personnel: certified Dispatchers = 1; certified EMRs = 1; certified EMTs = 2; certified Advanced EMTs = 3; certified Intermediate 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 a date as specified by the Department 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.

 

R426-6-5. Competitive Grant Process.

(1) It is the intent of the EMS Committee that there the local EMS council or committee review of EMS grant applications. Therefore, copies of competitive grant applications 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 review and recommendation to the State Grants subcommittee.

(2) 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.

(3) 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.

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

(5) 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 issues.

(6) 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 recommendation;

(h) a description of the agency; and

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

 

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

(1) The Grants 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 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 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 Subcommittee recommendations and forward to the Department.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [October 18, 2013]2015

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