http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+12VAC5-40
12VAC5-40-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.
"Board" means the State Board of Health.
"Commissioner" means the State Health Commissioner.
"EMS Advisory Board" means the Emergency Medical Services Advisory Board as appointed by the Governor.
"Emergency Medical Services (EMS)" means the services utilized in responding to the perceived individual needs for immediate medical care in order to prevent loss of life, aggravation of physiological or psychological illness or injury including any or all of the services which could be described as first response, basic life support, advanced life support, specialized life support, patient transportation, medical control, and rescue.
"Emergency medical services agency (EMS agency)" means any person, firm, corporation, or organization engaged in the business, service, or regular activity of providing emergency medical care to persons who are sick, injured, wounded, or otherwise incapacitated or helpless.
"Emergency medical services vehicle (EMS vehicle)" means any privately or publicly owned vehicle or craft that is specially designed, constructed, or modified and equipped and is intended to be used for and is maintained or operated to provide emergency medical services, including any vehicle which could be described as an ambulance.
"Fund" means the Virginia Rescue Squads Assistance Fund.
"Nonprofit" means without the intention of financial gain, advantage, or benefit.
"Office" means the Division of Emergency Medical Services (EMS), Virginia Department of Health.
12VAC5-40-20. Authority for regulations.
Article 3 (§32.1-112 et seq.) of Chapter 4 of Title 32.1 of the Code of Virginia, known as the Virginia Rescue Squads Assistance Fund, vests authority for administration of the fund in the State Board of Health. The law specifically requires that the board administer the fund in accordance with regulations promulgated for that purpose.
12VAC5-40-30. Purpose of chapter.
The State Board of Health has promulgated this chapter in order to ensure a fair and equitable means of administration and distribution of the Virginia Rescue Squads Assistance Fund among the rescue squads and other nonprofit emergency medical services agencies.
12VAC5-40-40. Administration of chapter.
This chapter shall be administered by the following:
1. State Board of Health. The Board of Health shall have the responsibility to promulgate, amend, and repeal, as appropriate, regulations for the administration of the fund;
2. State Health Commissioner. The Commissioner, as executive officer of the board, shall administer this chapter and disburse the funds from the Virginia Rescue Squads Assistance Fund;
3. Emergency Medical Services Advisory Board. The EMS Advisory Board shall have the responsibility to review applications and recommend priorities for the award of funds within the scope of the criteria established by the regulations. The EMS Advisory Board shall delegate its responsibility to a Financial Assistance Review Committee.
4. Financial Assistance Review Committee.
The EMS Advisory Board shall by majority vote elect six members of the EMS Board to serve on a Financial Assistance Review Committee. Each member shall be elected for a two-year term, except that when members are elected in 1990, three members shall be elected for a two-year term and three members shall be elected for a three-year term. Members may serve more than a two-year term.
Any vacancy shall be filled by an election and for the unexpired term. The committee shall represent multiple EMS components. The committee shall elect a chairman by majority vote from among its members.
12VAC5-40-50. Quorum.
A quorum for meeting of the Financial Assistance Review Committee shall consist of not less than four members.
12VAC5-40-60. Application of chapter.
This chapter shall have general application throughout the Commonwealth.
12VAC5-40-70. [Reserved]
12VAC5-40-80. Award of funds.
The following requirements shall apply to the award of funds:
1. Eligibility. Any nonprofit emergency medical services agency within the Commonwealth of Virginia may apply for funds.
2. Criteria. Award of funds shall be based upon the following criteria:
a. Establishment of a new EMS agency, program, or service where needed to improve emergency medical services offered in an area;
b. Expansion or improvement of an existing EMS agency, program or service to meet state or federal standards or requirements or other needs for service or programs;
c. Replacement of equipment which is unserviceable or procurement of new equipment. EMS vehicles purchased with Virginia Rescue Squad Assistance Funds shall meet or exceed the current state or federal standards for the type of vehicle purchased;
d. Establishment, expansion or improvement of programs of EMS training;
e. All programs, services, and equipment funded by the Virginia Rescue Squad Assistance Fund shall comply with all plans, policies, procedures and guidelines adopted by the State EMS Advisory Board;
f. Those applicants which are licensed EMS agencies must be in compliance with the Regulations of the Board of Health Governing Emergency Medical Services and the Health Codes of Virginia as they may apply;
g. Applicants shall provide evidence of a Quality Assurance program as specified by the Financial Assistance Review Committee. Applicants shall provide evidence of Financial Planning, to include but not be limited to: equipment replacement plans, budgeting plans, fund-raising plans, etc., as specified by the Financial Assistance Review Committee.
The requirements for a Quality Assurance Program and evidence of Financial Planning shall be effective three years from the date that this chapter becomes effective.
3. Grant period. The grant period shall be for a period of 12 months from the date of the award.
a. There shall be two review cycles per year.
b. Deadlines for submission of applications shall be September 15 and March 15 of each year. Applications must be received in the Office of EMS by 5 p.m. on the date of the deadline. In the event the deadline falls on a Saturday, Sunday, state or federal holiday, the application must be received by 5 p.m. in the Office of EMS the next business day.
c. Dates of award shall be January 1 and July 1 of each year.
d. All other appropriate dates in the award process shall be as established by the office.
12VAC5-40-90. Reserved funds.
The Financial Assistance Review Committee may reserve a portion of the fund for emergency purposes. The funds reserved shall not exceed 10% of the total funds available for any one cycle, and shall not accumulate in excess of $100,000.
Funds in the reserve may be used for any man-made disaster or natural disaster so long as the requirements set forth in this section are met. Applications shall be made to the office.
The Financial Assistance Review Committee shall have discretion in making a recommendation to the commissioner for an award.
The Financial Assistance Review Committee shall make recommendation to the commissioner within 30 days after receipt of applications and the commissioner shall make or reject an award within 10 days after receiving a recommendation from the Financial Assistance Review Committee.
12VAC5-40-100. Amount of award.
The amount of award granted an applicant shall not exceed 50% of the cost of the project except in documented and approved cases of hardship and awards granted under 12VAC5-40-90.
A. Basis.
The amount of award shall be based upon the amount requested for the project.
B. Determination by the Financial Assistance Review Committee.
The Financial Assistance Review Committee shall recommend the percentage of award based upon its determination of reasonable cost for the project.
C. Hardship cases.
Additional funding shall be reserved for those unique situations where the applicant is able to demonstrate the lack of any reasonable capability to generate a 50% match. The additional funding above a 50% match will be determined by the Financial Assistance Review Committee.
D. Hardship criteria.
It shall be the responsibility of the applicant to provide adequate data to substantiate any claim for hardship status in accordance with criteria and guidelines promulgated by the Financial Assistance Review Committee for that purpose.
12VAC5-40-110. Use of funds.
Funds shall be used only for the items, service, or programs for which they were awarded.
A. Agreement. The applicant or grantee shall be required to sign an agreement that any funds disbursed shall be properly used and accounted for at all times. The required agreement form attached as Appendix A shall be made a part of this chapter.
B. Period of use. Funds shall not be used for expenditures made prior to the date of the award nor for obligations incurred after the conclusion date for the grant period.
C. Prohibited use. No funds shall be approved or used for capital outlay for any construction projects or for daily operations costs, i.e., gasoline, oil, tires, insurance, etc.
D. Improper expenditures. Should any audit reveal expenditures not permitted by the conditions of the award the grantee shall be held responsible for repayment.
12VAC5-40-120. Responsibilities of the grantee.
A. Nondiscrimination. The grantee shall not discriminate in the provision of its services or in the conduct of its business or affairs on the basis of race, color, creed, religion, sex, or national origin.
B. Compliance with chapter. The grantee shall comply with this chapter; with the regulations of the Board of Health Governing Emergency Medical Services; with all plans, policies, procedures and guidelines adopted by the State EMS Advisory Board and with the Health Codes of Virginia as they may apply to this chapter. The grantee shall be responsible for ensuring that items and services purchased in whole or in part with the use of the state moneys comply with this chapter.
C. Records. The grantee shall be responsible for the preparation and maintenance of proper accounting records which shall be maintained for a period of not less than five years and which shall be subject to and available for inspection by the commissioner or his agent and for state audit inspections.
D. Final report. The grantee shall be required to submit a final report to the Office of EMS within 60 days of the final disbursement of awarded funds. Final report shall be on forms furnished by the division and consist of a financial report for the project and a brief narrative describing the completed project.
12VAC5-40-130. Ownership.
The following requirements shall apply to the ownership of equipment purchased in whole or in part with the use of state moneys.
A. Title. Title for all equipment including EMS vehicles shall be in the name of the organization to which the award has been made or in the name of the local jurisdiction in which the organization is located.
B. Use and disposal. Conditions for the use and disposal of equipment shall require prior approval by the commissioner.
12VAC5-40-140. Application and review.
All applications shall be processed according to the following procedures:
1. Application. The applicant shall file written application for a proposed project with the Office of EMS on forms as specified by the board prior to the application deadline as specified in 12VAC5-40-80 3 b. In lieu of the financial statement that is part of the application form, licensed municipal EMS Agencies are required to provide a financial statement that will include but not be limited to: (i) three prior year budget reports defining personnel expenses, and new or replacement equipment expenses, (ii) three prior year reports outlining percentage of total municipal expenses allocated to EMS agencies and functions, as specified by the Financial Assistance Review Committee.
2. Verification and distribution. The office may verify any or all information contained in the application and shall screen the application for completeness and compliance with this chapter. Within 10 days from the application deadline the office shall complete verification and shall send a complete copy of the application to each of the following:
a. The appropriate Regional EMS Council;
b. The appropriate Office of EMS program representative;
c. The Office of EMS communications engineer if applicant request is for communications equipment or project; and
d. Any other parties deemed appropriate by the Office of EMS.
3. Review. The persons and organizations specified in this section shall review the application and return it to the Office of EMS with their recommendations, review criteria and comments within 30 days of receipt. The failure to return the recommendations within the specified period shall constitute a recommendation of approval.
4. Processing. Within 10 days of receipt of the reviewed applications the Office of EMS shall send completed copies of the applications with all appropriate comments and recommendations to the Financial Assistance Review Committee.
5. Evaluation. The Financial Assistance Review Committee shall evaluate all applications based upon the criteria established in this chapter and other criteria they deem necessary. The Financial Assistance Review Committee shall submit to the Office of EMS a list of those projects which are recommended for award of funds within 45 days of receipt of the applications.
12VAC5-40-150. Awards.
The Office of EMS shall make awards after being authorized by the commissioner to award funds.
A. Date of award.
Awards shall be made and the applicants notified by the Office of EMS within 20 days of the date of the award.
B. Conditions of award.
An award shall remain in effect with the following conditions:
1. Awards shall remain in effect for the grant period unless and until revoked or suspended by the Office of EMS;
2. Awards shall neither be transferable nor renewable.
C. Disbursement of funds.
Funds may be disbursed to the grantee at any time within the grant period.
1. Agreement to any attached conditions shall be secured prior to any disbursements.
2. Disbursements shall ordinarily be made on a reimbursement basis. Following expenditure or obligation of funds for items or services approved in the award, the project director shall submit a reimbursement voucher to the Office of EMS. The Office of EMS shall then disburse the appropriate funds.
3. Funds not obligated by formal contract by the end of the grant period shall revert to the fund unless the grant period is extended.
12VAC5-40-160. Modification of an award.
Any changes in the project, including any changes in the approved items or services, shall be permitted only by modification of the award.
A. Request.
The grantee shall request in writing the modifications desired and the reasons and circumstances necessitating such a request to the office.
B. Approval.
The Office of EMS may modify an award after the commissioner has made the award.
C. The Office of EMS may take any appropriate action which may include but shall not be limited to the following:
1. Request full or partial review and recommendation from the Financial Assistance Review Committee on the requested modification;
2. Approval;
3. Refusal.
D. The Office of EMS shall render a decision within 30 days of receipt of the request unless the full review and recommendations of the Financial Assistance Review Committee is requested, in which case the Office of EMS shall respond within 60 days of receipt of the request.
12VAC5-40-170. Extension of grant period.
Any extension of the period shall require approval by the Office of EMS.
A. Request.
The grantee shall request in writing the extension desired and the reasons and circumstances necessitating such a request.
B. Approval.
The Office of EMS shall render a decision within 30 days of receipt of the request.
12VAC5-40-180. Suspension of an award.
The Office of EMS may suspend an award and all disbursements of funds attached thereto without a hearing pending an investigation and revocation procedures.
A. Cause.
There shall exist reasonable cause for suspension prior to such action by the Office of EMS. Such cause shall include:
1. Failure to comply with this chapter;
2. Failure to comply with the Regulations of the Board of Health Governing Emergency Medical Services as they may apply;
3. Failure to comply with any plans, policies, procedures and guidelines adopted by the State EMS Advisory Board and the Health Codes of Virginia as they may apply;
4. Violation of the terms of any conditions or agreement attached to an award;
5. A reasonable belief by the Office of EMS that any such violations might otherwise continue unabated.
B. Notification.
The Office of EMS shall notify the grantee of the suspension by certified mail to his last known address.
C. Period of effect.
A suspension shall take effect immediately upon receipt of notification unless otherwise specified. A suspension shall remain in effect until reinstated or revoked by the division.
12VAC5-40-190. Revocation of an award.
The Office of EMS may revoke an award and all disbursements of funds attached thereto after a hearing or waiver thereof.
A. Cause.
There shall exist reasonable cause for revocation prior to such action by the Office of EMS. Such cause shall include any condition as listed in 12VAC5-40-180 A.
B. Notification.
The Office of EMS shall notify the grantee of the revocation by certified mail to his last known address.
C. Period of effect.
A revocation shall take effect immediately upon receipt of notification unless otherwise specified. A revocation shall be permanent unless and until overturned on appeal.