DAR File No. 42852

Health, Administration

Rule R380-50

Local Health Department Funding Allocation Formula

Notice of Proposed Rule

(Amendment)

DAR File No.: 42852
Filed: 04/26/2018 12:03:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments change the funding allocation formula used to distribute funds to the state local health departments (LHD).

Summary of the rule or change:

Definitions were updated to include "Multi-County Factor"; further define "Funds"; include "Multi-County Health department"; and "Participating local health department". These changes also removed "Contract"; "Rural Community"; and "Total Poverty Population" definitions. Section R380-50-3-2 was changed to no longer provide a specified dollar amount for each LHD. The Department of Health (Department) adopts a formula pursuant to Section 26A-1-116 for reallocating any increases or decreases to LHDs. In Subsection R380-50-3-2(a), there will be a minimum share divided into equal parts. In Subsection R380-50-3-2(b), a population factor will be utilized according to the most current estimate from the Governor's Office of Management and Budget. In Subsection R380-50-3-2(c), Multi-County Factor is expanded upon. In Subsection R380-50-3-2(d), the Department requirements if the formula needs to be altered; and in Subsection R380-50-3-2(e), Governance Committee right in the cases where total program funding exceeds $500,000.

Statutory or constitutional authorization for this rule:

• Subsection 26A-1-122(2)
• Section 26A-1-116

Anticipated cost or savings to:

the state budget:

These changes in the rule are not expected to result in any new costs or savings to the state budget.

local governments:

These changes in the rule are not expected to result in any new costs or savings to local governments, with the exception if any county withdraws from a multi-district LHD.

small businesses:

These changes are not expected to result in any costs or savings to small businesses because this rule does not contain provisions that apply to small businesses.

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

These changes are not expected to result in any costs or savings to businesses, individuals, or local governments other than as described above for LHDs.

Compliance costs for affected persons:

These rule changes should not result in compliance costs for any persons with the possible exception of a LHD or a county that operates a LHD. The Department believes that any costs for a LHD to comply should be minimal.

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

These amendments propose a significant change to the procedures for the allocation of funds to LHDs including a provision addressing instances when a county withdraws from a multi-county LHD. There is no fiscal impact on businesses. The regulatory impact for this rule cannot be estimated, as the funding is contingent on the state budget and allocation from the state legislature and Executive Appropriations Committee.

Joseph K. Miner, MD, Executive Director

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

Health
Administration
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Tamara Hampton at the above address, by phone at 801-538-6622, by FAX at 801-538-6306, or by Internet E-mail at thampton@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:

06/14/2018

This rule may become effective on:

06/21/2018

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There is no regulatory impact to non-small business because the rule does not apply to them. The only impact would be to the counties, and local health departments in Utah.

 

The Executive Director of the Utah Department of Health, Joseph K. Miner, MD, has reviewed and approved this fiscal analysis.

 

 

R380. Health, Administration.

R380-50. Local Health Department Funding Allocation Formula.

R380-50-1. Authority and Purpose.

(1) This rule is being promulgated under the authority of Section 26A-1-116, which directs the Utah Department of Health to establish by rule a formula for allocating funds by contract to local health departments.

(2) This rule specifies the formula for allocating state-appropriated funds to local health departments by contract.

 

R380-50-2. Definitions.

[(1) "Contract" means the Public Health Services Contract between the Utah Department of Health and the local health departments through which state block grant funds are distributed.

]([2]1) ["District Incentive"]"Multi-county Factor" means funds allocated to local health departments to encourage them to form and maintain multi-county health departments.

([3]2) "Funds" means the State General Block Funds Maternal and Child Health Block grant funds, Preventive Block grant funds, immunization funds, bioterrorism/emergency preparedness and response funds, and tobacco funds, allocated by the Legislature to the Utah Department of Health for distribution to all participating local health departments by contract.

([4]3) "Local Health Department" means a local health department established under Section 26A-1-102(5).

(4) "Multi-county Health Department" means a local health department that is comprised of two or more contiguous counties as defined in Section 26A-1-102(7).

(5) "Participating local health department" means a local health department that accepts funds by contract from the Department.[(5) "Rural County" means a county with a population of less than 100 persons per square mile.

(6) "Total Poverty Population" means the population in a county that is living below the poverty level established by the United States Government Census Bureau reported by Utah Job Service.]

([7]6) "Total State Population" means the population figures by county as provided by the State Office of Planning and Budget.

 

R380-50-3. Allocation Procedures.

(1) The amount of funds to be allocated between the department and local health departments shall be determined by the Governance Committee as described in Section 26-1-4(3).

([1]2) By a three-fourths vote of its members, the Utah Association of Local Health Officers may, in cooperation with and subject to the approval of the Department of Health, allocate a portion of the funds as necessary to support [basic ]public health programs within every participating local health department [that benefit ]and are available to all eligible residents of the state. The Department finds that population is not the sole relevant factor in determining need.

[(2) As of July 1, 2008 each local health department is receiving the following base line funding, which shall remain the same unless new funding is received or cuts are implemented:

Bear River -- $227,277.00

Central -- $294,638.00

Davis -- $132,480.00

Salt Lake -- $451,388.00

Southeast -- $271,595.00

Southwest -- $288,966.00

Summit -- $60,002.00

Tooele -- $95,180.00

Tri-County -- $202,128.00

Utah -- $227,128.00

Wasatch -- $57,552.00

Weber/Morgan -- $188,754.00

](3) The Department adopts the following formula pursuant to Section 26A-1-116 for reallocating to local health departments any increases or decreases in fund s[ing beyond the amounts reflected in the base line figures in R380-5-3(2)].

(a) Minimum share. Thirty-two[Twenty] percent of the funds is divided into [twelve ]equal shares for each participating local health department.

[(b) Rural county and District Incentive Factor. Twenty percent divided among the local health departments with at least one rural county according to the following percentages, however if the number of rural counties within the local health department's boundary changes, the formula will be renegotiated:

(i) rural single county local health department, currently Summit, Tooele and Wasatch counties -- 1.45%

(ii) Multi county local health department with one rural county, currently Weber/Morgan -- 4.35%

(iii) Multi county local health department with three rural counties, currently Bear River and Tri-County -- 13.04%

(iv) Multi county local health department with four rural counties, currently Southeast -- 17.39%

(v) Multi county local health department with five rural counties, currently Southwest -- 21.74%

(vi) Multi county local health department with six rural counties, currently Central -- 26.09%

](b) Population Factor: Fifty[Forty] percent of the funds are divided among the local health departments based on the percentage of the total state population living within the geographical boundaries of the local health department according to the most current estimate from the Governor's Office of Management[Planning] and Budget. At a minimum this factor will be evaluated after the official Census of the Population is released and four years after the official census is released.

[(c). Square Mile Factor: Twenty percent divided among the local health departments according to the percentage of the total square miles in the state lying within the geographical jurisdiction of each local health department.](c) Multi-county Factor: Eighteen percent of the funds are divided among multi-county health departments as follows:

(i) the multi-county factor is made up of two equal parts:

(aa) Number of counties: half of the multi-county dollar amount, divided by the total number of counties that make up all the multi-county health departments. The number is multiplied by the number of counties in each multi-county health department.

(bb) Population: each multi-county health department's population (based upon population figures provided by the Governor's Office of Management and Budget), divided by the total population of all the counties that make up all the multicounty health departments. The number (percent) is multiplied by half of the multi-county dollar amount.

(d) The department may, after consulting with the Governance Committee, alter the formula to address documented need established by valid and accepted data in one or more local health department jurisdictions.

(i) At no time can a local health department receive more than ten times the per capita amount calculated under this formula than any other local health department.

(e) The Governance Committee may include future funds in the funding formula in cases where the total program funding exceeds $500,000.

 

R380-50-4. Exceptions.

(1) If one or more counties of a multi-county health department withdraw from the multi-county health department pursuant to Section 26A-1-122(2), the funds allocated to the original multi-county health department under the formula specified in Section 26A-1-116, will be reallocated among the counties that made up that original multi-county health department. Funds allocated to other local health departments will not be considered for reallocation unless the entire formula is reconsidered.

(2) The Department shall assist in this effort to assure an appropriate reallocation of funds.

(3) The funding formula will be reconsidered at an appropriate time that assures the integrity of the statewide public health system with no additional interruption to statewide public health efforts.

 

KEY: health, local governments , funding formula

Date of Enactment or Last Substantive Amendment: [October 30, 2008]2018

Notice of Continuation: November 2, 2017

Authorizing, and Implemented or Interpreted Law: 26A-1-116; 26A-1-122(A)