Subchapter B. AWARD AND ADMINISTRATION
OF FUNDING

§ 1001.21. Purpose.

 This subchapter implements section 5(b)(2) of the act (35 P. S. §  6925(b)(2)), which authorizes the Department to establish, by regulation, standards and criteria governing the award and administration of contracts under the act, and section 10 of the act (35 P. S. §  6930), which authorizes the Secretary to enter into contracts with regional EMS councils and other appropriate entities for the initiation, expansion, maintenance and improvement of EMS systems which are in accordance with the Statewide EMS development plan, and which further autho-
rizes the Secretary to enter into contracts with organizations other than regional EMS councils to assist the Department in complying with the act.

 (a)  A potential contractor or other recipient of funds from the Department, either directly or through the Department’s agent, may receive funding for the following:

   (1)  Public education, information and prevention regarding EMS, including:

     (i)   Public education programs, including CPR, first aid, instruction regarding 911 systems and how to access EMS systems.

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

     (iii)   Prevention programs, including passenger restraint systems, prudent heart living and general health awareness.

   (2)  Purchasing ambulances, medical equipment and rescue equipment which enables or enhances the delivery of EMS. Equipment will be funded only if approved by the Department.

     (i)   Ambulances will be considered for funding if the funds will be used for the addition or replacement of existing vehicles or parts, by a licensed ambulance service or an entity submitting an application for licensure as an ambulance service.

     (ii)   Medical equipment will be considered for funding if the funds will be used to purchase medical equipment for ambulances, QRSs, rescue services and other emergency services approved by the Department, including police and fire departments and recognized medical command facilities.

     (iii)   Rescue equipment will be considered for funding if the funds will be used to purchase rescue equipment for ambulance services, rescue services, fire departments, QRSs, police agencies and other emergency services approved by the Department.

   (3)  Costs associated with training programs for prehospital personnel.

     (i)   Educational costs associated with the conduct of training programs for prehospital personnel, and for other personnel who are involved in managing interfacility patient transports.

     (ii)   Priority consideration will be given to training programs providing for certification, recertification, recognition and continuing education of individuals actively engaged in providing prehospital or interhospital EMS and rescue services.

   (4)  Costs associated with ambulance service inspections conducted to assist the Department with ambulance service licensure.

   (5)  Purchasing communications equipment, including medical command communications equipment, and alerting equipment for EMS purposes, if the purchases are in accordance with regional EMS council and Statewide telecommunications plans.

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

   (7)  Costs associated with the maintenance and operation of regional EMS councils. Items eligible for funding include:

     (i)   Salaries, wages and benefits of staff.

     (ii)   Travel.

     (iii)   Equipment and supplies.

     (iv)   Leasing of office space.

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

   (8)  Costs associated with the collection and analysis of data necessary to evaluate the effectiveness of EMS systems in providing EMS. These costs may include the processing of both prehospital and hospital data and include the following:

     (i)   Data collection.

     (ii)   Data entry.

     (iii)   Data processing of information.

     (iv)   Analysis and evaluation of data.

     (v)   Dissemination and interpretation of data.

   (9)  Emergency allocations.

     (i)   Costs associated with a State or Federally declared emergency which the Department finds necessary to carry out the purpose of the act. Eligible applicants are those recognized by the regional EMS council as participants in the delivery of emergency medical or rescue services to or in the affected area.

     (ii)   Other emergency allocations found necessary by the Department to provide immediate resources or equipment to an area where the health and safety of the residents of this Commonwealth are in jeopardy.

   (10)  Costs associated with the implementation of voluntary certification or recognition programs, such as a voluntary rescue technician certification program.

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

 (b)  Funds will not be made available for any of the following:

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

   (2)  The purchase of hospital equipment, unless the equipment is used or intended to be used in an equipment exchange program with ambulance services.

   (3)  Maintenance of ambulances, medical equipment or rescue equipment.

   (4)  Other costs found by the Department to be inappropriate.

   (5)  Costs which are normally borne by patients.

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

 (d)  The Department, by contract or notice published in the Pennsylvania Bulletin, may require a contractor or other applicant for funding to provide matching funds in specified percentages as a condition for receiving funds distributed by the Department or a regional EMS council.

   The provisions of this §  1001.22 amended September 1, 1995, effective September 2, 1995, 25 Pa.B. 3685; amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial pages (247530) to (247532).

 The Department and regional EMS councils will consider the following factors in determining who shall receive funding and in what amount:

   (1)  The total amount of funds available.

   (2)  Conformity of the proposed application to the Statewide EMS development plan.

   (3)  Financial need of the applicant.

   (4)  Funds available to the applicant for the purpose set forth in the application, 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 an EMS system by private, public or government entities, including the Federal government.

   (5)  Economic base of the geographic area served by the applicant.

   (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 published guidelines or policies.

   The provisions of this §  1001.23 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial pages (247532) to (247533).

 To be considered for funding by the Department to plan, initiate, maintain, expand or improve an EMS system, a regional EMS council or other appropriate entity shall submit an application on a form prescribed by the Department and shall provide the following information:

   (1)  The need for planning, initiation, maintenance, expansion or improvement of an EMS system.

   (2)  Data and information which demonstrate the qualifications of the applicant to plan, initiate, expand or improve an EMS system, and which include organizational structure and provision for representation of appropriate entities.

   The provisions of this §  1001.24 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial page (247533).

 (a)  Regional EMS councils and other contracting entities may request technical assistance from the Department, if necessary, for the purpose of carrying out their contracts. Special consideration shall be given to contractors in rural areas to assist with matters such as recruitment, retention of prehospital personnel, ambulance service management, and ambulance equipment, in recognition that rural areas may not have sufficient resources of these types.

 (b)  Technical assistance from the Department may also be available to subcontractors when technical assistance resources are not available from the regional EMS council designated for the applicable area.

 (c)  Examples of technical assistance resources include, but are not limited to:

   (1)  Telecommunications specialists.

   (2)  Public education resources.

   (3)  Information management sources.

   The provisions of this §  1001.25 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial page (247533).

 (a)  The Department will not contract, during the same term of contract, with more than one regional EMS council to exercise responsibility for all or a portion of the same geographic area.

 (b)  A regional EMS council or other contractor does not have the right to have a contract renewed.

   The provisions of this §  1001.26 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial page (247533).

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

 (b)  A subcontract may not be executed until the Department determines in writing that the subcontract is necessary and appropriate.

 (c)  Subcontractors will be paid on a cost reimbursement basis. The costs will be determined by the Department based on documentation submitted to the Department.

   The provisions of this §  1001.27 amended October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363. Immediately preceding text appears at serial page (247533).

 Sections 1001.22—1001.27 do not apply to contracts between the Department and the Council. The Department will contract with the Council to provide it funds to perform the services the Council is required to perform under the act, and may contract with the Council for it to assist the Department in complying with other provisions of the act.

   The provisions of this §  1001.28 adopted October 13, 2000, effective October 14, 2000, 30 Pa.B. 5363.