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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. AWARD AND ADMINISTRATION OF EMSOF FUNDING


Sec.


1021.21.    Purpose.
1021.22.    Entities eligible to receive EMSOF funds through contracts or grants.
1021.23.    Award of contract or grant to a regional EMS council.
1021.24.    Use of EMSOF funding by a regional EMS council.
1021.25.    Allocation of EMSOF funds to regional EMS councils.
1021.26.    Technical assistance.
1021.27.    Subcontracting.
1021.28.    Contracts and grants with the Advisory Board.

§ 1021.21. Purpose.

 This subchapter implements sections 8112 and 8153 of the act (relating to contracts and grants; and support of emergency medical services), which set forth the standards and criteria governing the award and administration of contracts and grants under the act that are funded by EMSOF funds.

§ 1021.22. Entities eligible to receive EMSOF funds through contracts or grants.

 The following entities are eligible to directly receive EMSOF funds from the Department through contracts and grants:

   (1)  Regional EMS councils.

   (2)  The Advisory Board.

   (3)  Other entities to assist the Department in complying with the act.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.23. Award of contract or grant to a regional EMS council.

 (a)  EMSOF funds shall be used by a regional EMS council to plan, initiate, maintain, expand or improve a regional EMS system in a manner that is consistent with the Statewide and relevant regional EMS system plans. To apply for a contract or grant for these purposes, a regional EMS council or entity that seeks to become a regional EMS council shall submit to the Department a contract or grant application on a form prescribed by the Department in which the applicant:

   (1)  Provides information on the organizational structure of the regional EMS council and its provisions to ensure representation of appropriate entities.

   (2)  Addresses planning, maintenance and improvement of the applicable regional EMS system.

   (3)  Demonstrates the qualifications of the applicant to plan, maintain and improve a regional EMS system.

 (b)  To be awarded a contract or grant to serve as a regional EMS council, the applicant shall demonstrate to the Department’s satisfaction that it has:

   (1)  An appropriate organizational structure.

   (2)  Made provision for the representation of appropriate entities to meet the requirements in § §  1021.102 and 1021.103 (relating to structure of regional EMS councils; and governing body).

   (3)  The qualifications and commitment to plan, maintain and improve a regional EMS system.

 (c)  Upon expiration of a contract or grant with a regional EMS council, the Department, without undertaking a competitive bidding process, may enter into a new contract or grant with the same entity for that entity to continue to serve as a regional EMS council, if that entity in carrying out the prior contract or grant demonstrated its ability and commitment to the Department’s satisfaction to plan, maintain and improve the regional EMS system consistent with the terms of the prior contract or grant.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.24. Use of EMSOF funding by a regional EMS council.

 (a)  A regional EMS council may receive EMSOF funding from the Department for the following purposes:

   (1)  Providing public education, information, health promotion and prevention programs regarding EMS, including:

     (i)   Public education programs, instruction regarding call-taking and dispatching and how to access EMS systems.

     (ii)   Public information programs, including passenger and driver safety and EMS system awareness programs.

     (iii)   Health promotion programs, including wellness of EMS workforce and EMS safety programs that promote a culture of safe practices among EMS providers.

     (iv)   Prevention programs, including passenger restraint systems, prudent heart living and general health awareness, and safety practices to prevent errors in patient care and injuries to EMS providers.

   (2)  Purchasing ambulances, other EMS vehicles, medical equipment and rescue equipment which enables or enhances the delivery of EMS.

     (i)   Ambulances and other EMS vehicles will be considered for funding if the funds will be used for the initial acquisition of vehicles or parts, or the addition or replacement of existing vehicles or parts, by an EMS agency or an entity that qualifies for initial licensure as an EMS agency.

     (ii)   Medical equipment will be considered for funding if the funds will be used to purchase medical equipment for EMS agencies.

     (iii)   Rescue equipment will be considered for funding if the funds will be used to purchase rescue equipment for EMS agencies or rescue services recognized by the Department or the State Fire Commissioner.

   (3)  Conducting and ensuring the reasonable availability of training and testing programs for EMS providers. Priority consideration with respect to training will be given to training programs leading to the certification of EMS providers and the continuing education of EMS providers.

   (4)  Inspecting and investigating EMS agencies, educational institutes and medical facilities, and conducting other inspections and investigations to assist the Department in carrying out its regulatory responsibilities under the act.

   (5)  Purchasing communications equipment and services, including medical command communications equipment, and alerting equipment for EMS purposes.

   (6)  Purchasing equipment for emergency departments, if the equipment is used or intended to be used in equipment exchange programs with EMS agencies. The equipment purchased must be of a type used by EMS agencies in the EMS provided to patients in a prehospital or interhospital setting. It must be the type of equipment that can be easily or safely removed from the patient upon arrival or during treatment at a receiving facility.

   (7)  Maintaining and operating a regional EMS council. Items eligible for funding include:

     (i)   Salaries, wages and benefits of staff.

     (ii)   Travel.

     (iii)   Equipment and supplies.

     (iv)   Leasing office space.

     (v)   Other costs incidental to the conduct of the business of a regional EMS council which are found by the Department to be necessary and appropriate.

   (8)  Collecting and analyzing data necessary to evaluate the effectiveness of EMS systems in providing EMS and to administer quality improvement programs. These costs may include the processing of both prehospital and hospital data and include:

     (i)   Data collection.

     (ii)   Data entry.

     (iii)   Data processing of information.

     (iv)   Data analysis and evaluation.

     (v)   Data interpretation and dissemination.

   (9)  Facilitating the merger of EMS agencies or assisting an EMS agency to acquire another EMS agency when the Department determines circumstances exist to the extent that the transaction and financial assistance are needed to serve the public interest.

   (10)  Recruitment and retention of EMS providers by EMS agencies.

   (11)  Other costs determined by the Department to be appropriate and necessary for the implementation of a comprehensive regional EMS system.

 (b)  The Department will set forth additional priorities for funding on a yearly basis in a notice published in the Pennsylvania Bulletin.

 (c)  Funds appropriated to the Department from the EMSOF will not be made available for the following:

   (1)  Acquisition, construction or rehabilitation of facilities or buildings, except renovation as may be necessary for the implementation or modification of 911 and EMS communication systems.

   (2)  Purchase of hospital equipment, other than communications equipment for medical command and receiving facilities, unless the equipment is used or intended to be used in an equipment exchange program with EMS agencies.

   (3)  Maintenance of ambulances, other EMS vehicles and equipment.

   (4)  Costs deemed by the Department as inappropriate for carrying out the purposes of the act.

   (5)  Costs which are normally borne by patients, except for extraordinary costs as determined by the Department.

 (d)  As approved by the Department, a regional EMS council may make purchases and other expenditures of funds on behalf of EMS agencies, recognized rescue services, accredited educational institutes and medical command facilities for cost-savings purposes. The Department may distribute funds to these entities to make these purchases and other expenditures of funds.

 (e)  The Department, by contract, grant or notice published in the Pennsylvania Bulletin, may require a regional EMS council or entity to which a regional EMS council distributes funds to provide matching funds in specified percentages as a condition for receiving EMSOF funds.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.25. Allocation of EMSOF funds to regional EMS councils.

 The Department will consider the following factors in determining the amount of EMSOF funding regional EMS councils receive:

   (1)  The total amount of funds available.

   (2)  Conformity of the application for funding to the Statewide EMS System Plan.

   (3)  Financial need of the regional EMS system.

   (4)  Funds available to the regional EMS council for the purpose in the application for funding, including non-State contributions, Federal grants or Federal contracts pertaining to EMS. Non-State contributions include cash and in-kind services provided to the contractor or toward the operation of a regional EMS system by private, public or government entities, including the Federal government.

   (5)  Geographic area.

   (6)  Population of the geographic area served by the applicant.

   (7)  Special rural needs of the geographic area served by the applicant.

   (8)  Potential duplication of services.

   (9)  Priorities of the Department.

   (10)  Other factors set forth by the Department in a notice published in the Pennsylvania Bulletin.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.26. Technical assistance.

 (a)  Regional EMS councils that obtain contracts or grants from the Department may request technical assistance from the Department, if necessary, for the purpose of carrying out their contracts or grants. Special consideration will be given to regional EMS councils that serve rural areas to assist with matters such as recruitment, retention of EMS providers, EMS agency management and the use of EMS agency equipment.

 (b)  Technical assistance from the Department may also be available to subcontractors or other recipients of funds from the regional EMS council when technical assistance resources are not available from the regional EMS council.

 (c)  Examples of technical assistance resources include:

   (1)  Communications assistance.

   (2)  Public education resources.

   (3)  Information management sources.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.27. Subcontracting.

 (a)  A regional EMS council may receive the Department’s written approval to subcontract certain of its duties to other entities as deemed necessary and appropriate for the proper execution of the contract or grant with the Department.

 (b)  A regional EMS council may not execute a subcontract until the Department determines in writing that the subcontract is necessary and appropriate.

Cross References

   This section cited in 28 Pa. Code §  1021.28 (relating to contracts and grants with the Advisory Board).

§ 1021.28. Contracts and grants with the Advisory Board.

 Sections 1021.22—1021.27 do not apply to contracts or grants between the Department and the Advisory Board. The Department will enter into a contract or grant with the Advisory Board to perform the services the Advisory Board is required to perform under the act. The Department may contract with the Advisory Board for it to assist the Department in complying with other provisions of the act.



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