DAR File No. 44112

Health, Disease Control and Prevention, Epidemiology

Rule R386-80

Local Public Health Emergency Funding Protocols

Notice of Proposed Rule

(Amendment)

DAR File No.: 44112
Filed: 10/01/2019 11:59:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update language to match statutory changes. The report requirement referenced in Section R386-80-4 was repealed during the 2013 General Session (S.B. 207).

Summary of the rule or change:

This rule establishes a local health emergency assistance program to be administered by the Utah Department of Health. The purpose of this amendment is to update language to match statutory changes. The report requirement referenced in Section R386-80-4 was repealed in S.B. 207 (2013).

Statutory or constitutional authorization for this rule:

• Section 26-1-38

Anticipated cost or savings to:

the state budget:

These rule changes will not have any cost or savings to the state budget, because these amendments only remove reference to a legislative report that hasn't been required since 2012.

local governments:

These rule changes will not have any cost or savings to local governments, because these amendments only remove reference to a legislative report that hasn't been required since 2012.

small businesses:

These rule changes will not have any cost or savings to small businesses, because this rule only applies to state and local governments.

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

This rule change will not have any cost or savings to persons other than small businesses, businesses, or local government entities, because this rule only applies to state and local governments.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There is no fiscal impact on businesses because this rule only applies to state and local governments.

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

Direct questions regarding this rule to:

• Heather Borski at the above address, by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@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:

12/02/2019

This rule may become effective on:

12/09/2019

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes will not have any fiscal impact on non-small businesses' revenues or expenditures. This rule only applies to Local Health Departments, and the amendment merely removes a report that is no longer required by the Utah Legislature and makes minor edits.

 

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

 

 

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 Department's Executive Director [of the Department]or his Designee, 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 or Contract, 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]4. 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: [October 24, 2014]2019

Notice of Continuation: August 22, 2019

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