No. 37408 (Emergency Rule): Rule R426-6. Emergency Medical Services Competitive Grants Program Rules

DAR File No.: 37408
Filed: 03/14/2013 05:11:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has currently expired. The rule needs to be enacted to match statute. Also, without this rule, Competitive Grant funds would not be available to any licensed or designated Emergency Medical Services (EMS) agency.

Summary of the rule or change:

The rule will allow grant funds to be distributed through a competitive process to EMS agencies statewide. (DAR NOTE: A corresponding proposed new Rule R426-6 is under DAR No. 37410 in this issue, April 1, 2013, of the Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The rule will allow grant funds to be distributed through a competitive process to EMS agencies statewide.

State statutory or constitutional authorization for this rule:

• Section 26-8a-207

Anticipated cost or savings to:

the state budget:

None--Funding for EMS Competitive Grants are not from state budgets.

local governments:

Grants are a voluntary process. Savings to local government will be the monies received from grant awards.

small businesses:

Does not apply--Current EMS providers are all larger than 50 employees.

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

Grants are a voluntary process. Savings to local government will be the monies received from grant awards.

Compliance costs for affected persons:

Grants are a voluntary process. There are no significant regulations which would burden the EMS agencies to receive grants.

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

The grants should provide modest stimulus to local business.

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
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 [e-mail]

This rule is effective on:

03/14/2013

Authorized by:

David Patton, Executive Director

RULE TEXT

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

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

R426-6-1. Authority and Purpose.

(1) This rule is established under Title 26, Chapter 8a.

(2) The purpose of this rule is to provide guidelines for the equitable distribution of competitive grant funds specified under the Emergency Medical Services Grants Program.

 

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.

(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.

 

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

 

R426-6-4. Grant Implementation.

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

(1) Grant awards are effective on July 1 and must be used by June 30 of the following year.

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

 

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 of EMS grant applications. Therefore, copies of 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.

(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 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 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, EMS competitive grants

Date of Enactment or Last Substantive Amendment: March 14, 2013

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

 

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