Current through Register Vol. 35, No. 18, September 24, 2024
In a fiscal year, no less than seventy-five percent (75%) of
the money in the fund shall be used for the local emergency medical services
funding program. The program shall provide for: the establishment or
enhancement of local emergency medical services; operational costs other than
salaries and benefits of local emergency medical services personnel, purchase,
repair and maintenance of emergency medical services vehicles, equipment and
supplies; implementation of prevention program and the training and licensing
of local emergency services personnel.
A.
ASSURANCES: The bureau shall
authorize distributions from money in the fund to the extent funds are
available during a fiscal year. Distribution from money in the fund shall be
made only to applicants on behalf of local recipients, that:
(1) submit an approved application to the
bureau;
(2) demonstrate a need for
a distribution from the fund and the amount required;
(3) agree to expend funds distributed from
the fund only for the purposes stated in the application and approved by the
bureau;
(4) authorization of the
chief executive of the incorporated municipality or county on behalf of the
local recipient upon vouchers issued by the treasurer and/or fiscal agent of
each political subdivision shall also be required; accountability and reporting
of these funds shall be in accordance with the requirements set forth by the
local government division of the New Mexico department of finance and
administration; and
(5) agree that
the funds distributed under the act will not supplant other funds budgeted and
designated for emergency medical service purposes by the applicant;
applications for distributions of money from the fund shall be accompanied by a
certified statement that the applicant shall not supplant any other public
monies available for these same purposes.
B.
UPPER FUNDING LIMITATION -
STATUTORY REQUIREMENT: No more than one percent (1%) may be distributed
from the fund through any one county or municipality in any one fiscal year on
behalf of any one local recipient whose proposal for assistance has been
approved by the incorporated county or municipality. The advisory committee
will annually recommend maximum funding amount prior to the (November) mail out
of applications.
C.
MINIMUM
FUNDING BASE ESTABLISHED - REGULATORY REQUIREMENT: In afiscal year, each
local recipient which has been approved pursuant to this rule, may be allocated
a minimum distribution based on the criteria established in this section.
Approved applications requesting less than the minimum will be funded in the
amount requested. For the purpose of determining funding eligibility, local EMS
personnel cannot be affiliated with more than (1) one local recipient.
(1)
Emergency Medical Service -
Start-Up Funding Level: This level is eligible to receive a one (1)
time, minimum distribution of one thousand five hundred dollars ($1,500), upon
recommendation from the advisory committee. The minimum requirements for this
level are to submit a:
(a) letter of
commitment from the chief;
(b)
letter of review and recommendation from the respective EMS regional office;
and
(c) letter of support from the
medical director.
(2)
Medical-Rescue Service - Entry Level: This level is eligible to
receive a minimum distribution of one thousand five hundred dollars ($1,500) if
the following criteria are met and are verified by the applicant. The minimum
criteria for this level are:
(a) at least
fifty percent (50%) of EMS runs covered by a licensed first responder within
two years of the initial request for funding;
(b) the service has at least basic medical
supplies and equipment;
(c) the
service has at least one written mutual aid agreement or other written
cooperative plan with a transporting ambulance and will attach to the
application a copy of the agreement(s);
(d) the service has a designated training
coordinator; and
(e) the service
shall participate in the bureau's pre-hospital data collection system as
determined by the bureau, by using the bureau's software, web-site or by
submitting compatible data.
(3)
Medical-Rescue Service - First
Responder Level: This level of service is eligible to receive a minimum
distribution of three thousand dollars ($3,000) if the following criteria are
met and are verified by the applicant. The minimum criteria for this level are:
(a) at least eighty percent (80%) of EMS runs
were covered in the prior federal fiscal year (October 1 - September 30), by a
licensed EMS first responder or higher licensed medical personnel and shall
continue to demonstrate that EMS response level; there shall be a minimum of at
least two licensed EMS first responders with the service;
(b) the service has at lease basic medical
supplies and equipment;
(c) the
service has at least one written mutual aid agreement or other written
cooperative plan with a transporting ambulance and will attach to the
application a copy of the agreement (s);
(d) the service has a designated training
coordinator;
(e) the service shall
participate in the bureau's pre-hospital data collection system, as determined
by the bureau, by using the bureau's software, web-site or by submitted
compatible data;
(f) the service
has a medical director, if automatic defibrillation capable.
(4)
Medical-Rescue Service
or Ambulance - Basic Level: This level of service is eligible to receive
a minimum distribution of five thousand dollars ($5,000) if the following
criteria are met and are verified by the applicant. The minimum criteria for
this level are:
(a) at least eighty percent
(80%) of EMS runs shall be were covered in the prior federal fiscal year
(October 1 - September 30), by a licensed EMT-basic or higher level of licensed
medical personnel and shall continue to demonstrate that EMS response level;
there shall be a minimum of at least two licensed EMT basics with the
service;
(b) the service has at
least basic medical supplies and equipment;
(c) the service has at least one written
mutual aid agreement or other written cooperative plan with first response or
transporting ambulance service(s) and will attach to the application a copy of
the agreement(s);
(d) the service
has a designated training coordinator;
(e) the service shall participate in the
bureau's pre-hospital data collection system as determined by the bureau by
using the bureau's software, web-site or by submitting compatible
data;
(f) the service has a service
medical director and appropriate medical protocols;
(g) the service complies with public
regulation commission (PRC) Regulation 18.4.2 NMAC, if applicable, or such
other regulations as may be adopted by the PRC or its successor agency
regarding registered medical rescue and certified ambulances and;
(h) the service complies with the
department's air ambulance certification regulations where
applicable.
(5)
Medical-Rescue Service or Ambulance - Advanced Level: This level is
eligible to receive a minimum distribution of seven thousand dollars ($7,000)
if the following criteria are met and are verified by the applicant. The
minimum criteria for this level are:
(a) at
least eighty percent (80%) of EMS runs were covered in the prior federal fiscal
year (October 1 - September 30), by licensed EMT intermediate or paramedic
level personnel; or, if an emergency medical dispatch priority reference system
(EMDPRS) is utilized, at least 80% of all runs determined by dispatch to
require an advance level response shall be covered by licensed EMT intermediate
or paramedic level personnel and there shall be a least one additional licensed
EMT with the service;
(b) the
service has at least basic and advanced medical supplies and
equipment;
(c) the service shall
maintain at least one transport capable vehicle if appropriate within the local
EMS system;
(d) the service has at
least one written mutual aid agreement or other written cooperative agreement
with first response or transporting ambulance service(s)and will attach to the
application a copy of the agreement(s);
(e) the service shall participate in the
bureau's pre-hospital data collection system as determined by the bureau by
using the bureau's software, web-site or by submitting compatible
data;
(f) the service has a
designated training coordinator;
(g) the service has a service medical
director and appropriate BLS and ALS medical protocols;
(h) the service routinely responds when
dispatched for all medical and traumatic emergencies within its primary
response area;
(i) the service
complies with public regulation commission (PRC) Regulation 18.4.2 NMAC, if
applicable, or such other regulations as may be adopted by the PRC or its
successor agency regarding registered medical - rescue and certificated
ambulances; and
(j) the service
complies with the department's certification of air ambulance services
regulations where applicable.
D.
FUNDING FORMULA DEFINITION:
If the money available is not sufficient to meet the funding requested in the
applications of all local recipients at the statutory maximum, the bureau shall
allocate the funds according to the following formula.
(1) After computation of the sum of minimum
allocations pursuant to Subsection C of 7.27.4.11 NMAC, a total county share
shall be determined. The balance of funds shall be divided into two equal
portions. For each county, the first portion shall be prorated according to
area of the county as a percentage of total state area, and the other portion
shall be prorated according to population of the county as a percentage of
total state population.
(2) From
the county share established above, the individual allocation to each local
recipient shall be determined based on the relative number of runs in the prior
federal fiscal year (October 1 through September 30) as reflected in the
application of the local recipient and verified through the bureau's
pre-hospital data base program.
(3)
In the event that an incorporated municipality or county supports the
applications of more than one local recipient, the bureau shall determine the
pro-rata share for each local recipient in the allocation of funds
based on the number of annual runs reported.
E.
SPECIAL CONDITIONS EMERGENCY
FUNDING: Subject to the availability of funds, the bureau will entertain
applications for funding at any time based on the following criteria.
(1) The local recipient needs some immediate
financial support for first year, startup services and the local community
cannot provide adequate initial funding support. Financial need shall be
verified by the bureau.
(2) The
local recipient does not have financial support to continue operations due to
an emergency situation. The bureau will consider an application for a one-time
special financial award. The request for financial assistance will be verified
by the bureau. To be eligible for emergency funding, applicant and local
recipient shall provide a letter of support for the emergency funding from
their respective EMS regional director and shall document the need for
emergency funding based on the following criteria:
(a) the need for emergency funding is
unanticipated;
(b) emergency
funding is necessary to protect life, health and safety;
(c) applicant and local recipient have
exhausted all reasonable alternative funding sources.
(3) The bureau will advise the advisory
committee of such distributions.
(4) The decision is subject to the appeal
provision of Subsection J of 7.27.4.11 NMAC, of this rule.
F.
DISTRIBUTION METHOD TO ENSURE
COMPLIANCE WITH STATUTORY LIMITATION: To comply with the statutory
limitation per local recipient, the department shall certify for distribution
only funds computed and allocated according to Subsection G of 7.27.4.11. NMAC.
Individual distribution amounts computed that are in excess of the maximum
amount for a local recipient shall be pro-rated in accordance with
Paragraph (2) of Subsection D of 7.27.4.11 NMAC, to all other eligible
remaining local recipients in that county. If funding of all local recipients
within a county is at the statutory maximum, and there still remains an overage
in the county share, the balance shall be reallocated as described in
Subsection G of 7.27.4.11 NMAC to all other counties, and distributed to local
recipients within those counties still remaining eligible, in addition to their
first distribution.
G.
INDIVIDUAL DISTRIBUTION: Subject to Subsection F of 7.27.4.11 NMAC, the
distribution to each local recipient shall be the sum of its share as
calculated under Paragraph (2) of Subsection D of 7.27.4.11 NMAC and the
minimum allocation under Subsection C of 7.27.4.11 NMAC, unless the entity's
total distribution shall have been otherwise established pursuant to the
exception in Subsection B of 7.27.4.11 NMAC.
H.
APPLICATION: Applicants
shall request and use the most current forms for preparation of applications.
Applications will be made available to all counties, municipalities and local
recipients.
I.
APPLICATION
CYCLE: The following cycle will apply for the local emergency medical
services funding program.
(1) Applications
will be distributed to all counties, municipalities and local recipients by
November 1 of each year.
(2) The
local recipient and applicant shall submit to the bureau, a completed
application which shall be postmarked or hand-delivered by January
15.
(3) The bureau shall review the
applications, calculate the distribution of funds and notify the applicant and
local recipients of its determination by May 1 of each year.
J.
PROCEDURES FOR APPEAL OF
DETERMINATION: Pursuant to Section 24-10A-5
NMSA 1978, an applicant (county and/or municipality) desiring reconsideration
of the bureau's determination as to its application for funding may appeal the
determination by notifying the chief.
(1) The
appeal shall be in writing and shall be received by the bureau within ten (10)
working days after notification to the applicant of the bureau's
determination.
(2) The bureau shall
refer the appeal to the advisory committee for its review and recommendation.
Upon receiving the advisory committee's recommendation, the secretary shall
issue a final determination and send notice to the part appealing on or before
June 15 of the results of the appeal.
K.
DISBURSEMENT: The chief
shall certify final determination to the state treasurer and the department of
finance and administration (DFA) on or before June 30 for distribution as early
as possible in the next fiscal year.
L.
REPORTING REQUIREMENTS: The
bureau may require special reports from applicants or local recipients
regarding the appropriate use, maintenance and disposition of any items
acquired with funds distributed under this section.
M.
ELIGIBLE ITEMS OF
EXPENDITURE: Items eligible for funding are:
(1) purchase, repair, and maintenance of
ambulance and/or rescue vehicles;
(2) purchase, repair, and maintenance of
medical and rescue training equipment;
(3) purchase, installation, repair, and
maintenance of communications systems for use by local EMS systems;
(4) payment of EMS training program tuition,
per-diem, and mileage for local EMS personnel to attend EMS
related training and continuing education programs, either
in-state or within one hundred and fifty (150) miles of New
Mexico's borders; training beyond the one hundred and fifty (150) mile limit
shall be justified and receive prior written approval from the bureau, in order
to be an eligible expense;
(5)
payment of fees to qualified instructors and reasonable expenses associated
with the development and provision of EMS related training and continuing
education programs on a local or regional basis;
(6) payment of fees for medical
direction;
(7) the cost of New
Mexico examination, certification and/or licensing fees for EMS
personnel;
(8) payment of costs
related to legally mandated health and safety measures for the protection of
local EMS personnel, such as vaccine, chest x-rays, etc;
(9) all other operating expenses, including
rent, utilities, insurance, gas and oil, etc., except those listed in
Subsection N of 7.27.4.11 NMAC;
(10) reimbursement for such items as
uniforms, cleaning expenses, meals, travel, etc. when on duty, and;
(11) expenditures associated with the
implementation of a prevention program.
N.
INELIGIBLE ITEMS OF
EXPENDITURE: Costs which are not eligible for funding include:
(1) land;
(2) buildings and construction, except as
provided in Paragraph (3) of Subsection M of 7.27.4.11 NMAC above;
(3) certification fees charged by the
national registry of EMT's, unless required for New Mexico licensure;
(4) costs for salaries and benefits of local
emergency medical services personnel and;
(5) medical care expenses for EMS personnel,
except as provided in Subsection M of 7.27.4.11 NMAC of this rule.
O.
BUDGET
ADJUSTMENTS:
(1) An applicant or a
local recipient may request a budget adjustment for any of the following
reasons or other good cause shown:
(a) to permit the expenditure of any balance
of funds subsequent to the purchase of an eligible item;
(b) to permit expenditure on a
pro-rata basis of funds allocated when the allocations are
insufficient to fund the cost of the eligible item;
(c) to change priorities or change requested
items;
(d) to permit expenditure of
all or part of a given fiscal year's distribution in the following fiscal year;
the deadline to request the bureau's approval to carry over funds shall be made
in writing by October 31;
(e) to
allow and facilitate intra-county or geographical region
re-distribution of allocations to maximize the available funding;
an intra-county or geographical region
re-distribution of funds shall be requested by the applicant(s)
and have the written concurrence of all involved local recipients.
(2) Each proposed budget
adjustment shall be submitted in writing to the bureau and shall receive the
bureau's approval prior to expending or encumbering the reallocated
funds.
(3) Budget adjustments
totaling less than two hundred and fifty dollars ($250) do not require bureau
approval except as provided in Paragraph (2)of Subsection O of
7.27.4.11.NMAC.
P.
OTHER CONSIDERATIONS:
(1) In
the event a county and one or more incorporated municipalities apply on behalf
of the same local recipient, only the county's application shall be accepted
and certified for distribution.
(2)
Individual applications may be approved by the bureau for separate locations of
a local recipient that are at least fifteen (15) miles apart from the next
closest station, as measured by the driving distance using the most direct
route between the two (2) locations.
(3) Local recipient shall not submit multiple
applications for the purpose of receiving additional EMS Fund Act
distributions, except in special situations, as approved by the bureau on a
case by case basis.
Q.
TRANSITION:
(1) In the event
that a local recipient ceases operations, an itemized year to date expenditure
report of EMS Fund Act money shall be submitted to the bureau.
(2) It is the responsibility of the applicant
to inventory and redistribute all equipment purchased with the EMS Fund Act
money, to other local recipients in its county or municipality, and provide a
report to the bureau.
