No. 33577 (Amendment): Rule R426-8. Emergency Medical Services Per Capita Grants Program Rules

(Amendment)

DAR File No.: 33577
Filed: 04/26/2010 01:59:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is revised to match the change in S.B. 178 from the 2010 Legislative Session. Grant funds are available to all licensed or designated Emergency Medical Services (EMS) agencies. (DAR NOTE: S.B. 178 (2010) is found at Chapter 161, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The rule change will allow grant funds to be distributed not only to rural agencies but to agencies statewide.

State statutory or constitutional authorization for this rule:

• Section 26-8a-207

Anticipated cost or savings to:

the state budget:

No effect on the state budget as the available grant monies remain the same. Grant monies will be distributed to both rural and urban EMS agencies.

local governments:

Grants are a voluntary process. This rule change will make grant monies available to all providers. The impact is anticipated as positive.

small businesses:

Grants are a voluntary process. This rule change will make grant monies available to all providers. The impact is anticipated as positive.

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

Grants are a voluntary process. This rule change will make grant monies available to all providers. The impact is anticipated as positive.

Compliance costs for affected persons:

Grants are a voluntary process. The application process has been developed with input from regulated providers and will not pose a barrier for grant monies.

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

Making grants available to all EMS agencies will have a positive fiscal impact.

David N. Sundwall, 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
Health Systems Improvement, 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]

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:

06/14/2010

This rule may become effective on:

06/21/2010

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R426. Health, Health Systems Improvement, Emergency Medical Services.

R426-8. Emergency Medical Services Per Capita Grants Program Rules.

R426-8-1. 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 specified under the Emergency Medical Services (EMS) Grants Program.

 

R426-8-2. Definitions.

(1) ["Rural area" means an exclusive geographic service area as provided under Section 26-8a-402, that is a city, town, or other similar community with a population of 10,000 or less based on the most recently published data of the United States Census Bureau.]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) ["Rural county area" means an exclusive geographic service area as provided under the Section 26-8a-402, that is a county of the fourth, fifth, or sixth class as provided under Section 17-50-501.]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.

 

R426-8-3. Eligibility.

(1) Per capita grants are available only to licensed EMS ambulance services, paramedic services, EMS designated first response units and EMS dispatch providers that [are within rural areas or rural county areas and ]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) 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;

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

(A) Paramedic rescue;

(B) Paramedic ambulance;

(C) EMT-Intermediate;

(D) EMT-IV; and

(E) EMT-Basic.

(c) Paramedic interfacility transfer ambulance, EMT-Interfacility ambulance transport, or paramedic tactical rescue units are not eligible for per capita funding because they cannot be the primary EMS provider for a geographical service area.

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

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

 

R426-8-4. Grant Implementation.

(1) Per Capita grants are available for use specifically related to the provision of EMS.

(2) Grant awards are effective on July 1 and must be used by June 30 of the following year. No extensions will be given.

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

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

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

 

R426-8-5. Application and Award Formula.

(1) 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, EMT-IA, or paramedic, the dispatcher may be credited to one agency as a dispatcher and one agency as an EMT, EMT-I, 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 Basic EMTs = 2; certified Intermediate EMTs and Intermedi[c]ate-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[of March 1] 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.

 

KEY: emergency medical services

Date of Enactment or Last Substantive Amendment: [July 8, 2009]2010

Notice of Continuation: January 24, 2006

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

 

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