202 KAR 7:520 - Allocation of block grant funding assistance for emergency medical services
RELATES TO: KRS 311A.010, 311A.030(2), 311A.035, 311A.050, 311A.055, 311A.060, 311A.155, 311A.190, 2 C.F.R. 215-225
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
311A.155(3) requires the
Kentucky Board of
Section 1. Eligibility to
Receive EMS Grant Funding.
(1) A county in
the Commonwealth of Kentucky shall be eligible to apply for and may receive
emergency medical services (EMS) grant funding if the applicant county meets
the requirements in this administrative regulation.
(2) A merged government shall not lose
eligibility pursuant to this administrative regulation and may apply for and
receive EMS grant funding if the applicant meets all requirements of this
administrative regulation.
(3) This
administrative regulation shall not be construed to grant an agency licensed
pursuant to 202 KAR Chapter 7 the authority to apply for or receive EMS grant
funding independent of the county.
(4) A county or merged government that
applies for EMS grant funding shall maintain, within its boundaries and for the
benefit of its inhabitants, one (1) or more agencies that provide primary EMS
911 response and transport service.
(5) A county or merged government shall be
considered to maintain EMS 911 level of service by:
(a) Holding the license for and operating a
county-owned Class I ground ambulance service;
(b) Holding the license for a Class I ground
ambulance service, but contracting with a licensed service to operate within
the county;
(c) Allowing an agency
or multiple agencies to operate within the county to provide EMS 911 level of
service for the benefit of the inhabitants of that area; or
(d) Not holding the license for, but bearing
the responsibility of, operating or allowing the operation of, an agency or
multiple agencies within the county to provide EMS 911 level of service for the
benefit of the inhabitants of that area.
(6) A county or merged government shall be
eligible to receive EMS grant funding only for agencies licensed as Class I.
Other classes of service shall not be eligible.
(7) A county or merged government shall not
disperse funds to a licensed agency that cannot provide evidence of compliance
with KBEMS ' data collection requirements pursuant to
KRS
311A.190 and
202
KAR 7:540.
(8) An agency that is not compliant with data
collection requirements in
KRS
311A.190 and
202
KAR 7:540 may submit a plan of correction for approval
by the executive director. A plan shall include at least:
(a) A detailed outline of measures that shall
be taken to achieve compliance;
(b)
Proof of equipment and software necessary to achieve compliance; and
(c) A stipulation that an agreed percentage
of awarded grant funds shall be used in taking measures that shall achieve
compliance with data collection requirements in
KRS
311A.190 and
202
KAR 7:540.
(9) An agency that is following an approved
plan of correction for data collection compliance pursuant to
KRS
311A.190 and
202
KAR 7:540 may be eligible to obtain block grant funds
from an applicant county or merged government.
(10) An agency undergoing disciplinary action
pursuant to
KRS
311A.060 shall be eligible to receive funds
if in compliance with board-recommended disciplinary action.
(11)
(a)
All distributions of grant funding shall be conducted by direct deposit to a
bank account of the applicant county or merged government.
(b) The applicant county or merged government
shall ensure that an updated W-9 form is submitted to the office of the board
upon a change in bank routing information.
Section 2. Application Requirements.
(1) An applicant for EMS grant funds shall
complete all portions of the County Application, Kentucky Ambulance Grant,
KBEMS G-1, and the Agency Application, Kentucky Ambulance Grant, KBEMS G-2.
These applications shall be submitted in an electronic format prescribed by the
office of the board.
(2) Each
electronic application shall be received by January 31 of each year. An
applicant shall not receive EMS grant funds if the application is not received
by the office of the board on or before January 31.
(3) Each electronic application shall include
an itemized list of items intended to be purchased with EMS grant funds, price
and quantity of those items, and a narrative justification for the purchase of
those items. An application that does not include the itemized list or the
narrative justification shall be denied by the office of the board and shall
not be approved if the applicant does not submit a revised application by the
filing deadline established in subsection (2) of this section.
(4) If an applicant requests to maintain
carry-over funds in accordance with
KRS
311A.155(5), the applicant
shall notate the years that shall be carried forward on the application
mandated by this administrative regulation.
(5)
(a) If
an applicant does not request to maintain carry-over funds on the initial
application, but chooses to select this option at a later time during the
fiscal award year, the applicant shall submit the electronic Ambulance Grant
Substitute Item Form, KBEMS G-3, to remove the previously approved items and
substitute the request to carry over funds to the next fiscal year.
(b) Carry-over funds that are requested on a
KBEMS G-3 shall meet the submission deadlines as established for all KBEMS G-3
submissions in Section 6 of this administrative regulation for the award
year.
(6) Each applicant
shall identify on the application, which agency or agencies will receive the
EMS grant funds sought in the application process.
(7) If the applicant intends for more than
one (1) agency to receive funds, the applicant shall specifically identify each
agency to which funds shall be dispersed and the monetary amount to be
distributed to each.
(8) The
ambulance service agency director or ambulance service board chair of an agency
receiving funds from an applicant shall certify that the agency:
(a) Is a licensed Class I ground ambulance
service in the state of Kentucky;
(b) Acknowledges, understands, and agrees to
comply with the requirements and duties of
KRS
311A.155 and this administrative
regulation;
(c) Has not made a
false statement or misrepresentation on the application and that falsely
certifying shall subject the agency to reimbursement of funds to KBEMS and
sanctions pursuant to
KRS
311A.060;
(d) Shall not misuse funds and that doing so
shall require the agency to reimburse those funds to KBEMS and shall subject
the agency to sanctions pursuant to
KRS
311A.060;
(e) Shall expend awarded funds for the fiscal
year of award only after written approval of award;
(f) Shall expend all awarded grant funds,
except any approved carry-over funds, by June 30 of the fiscal year of award;
and
(g) Acknowledges that approved
grant funds, except any approved carry-over funds, that are not expended by
June 30 of the fiscal year of award shall be returned to the office of the
board prior to the award of any future grant funds.
(9) An applicant county or merged government
shall submit the County Application, Kentucky Ambulance Grant, KBEMS G-1, with
the county Judge Executive's signature or an agent duly authorized by the
applicant. A duly authorized agent may include, for example, a chief
administrative officer for the applicant, but shall not include a person unable
to legally bind the applicant. The KBEMS G-1 application shall be scanned with
a certifying signature affixed and submitted electronically as a required
portion of the Kentucky ambulance grant electronic application
process.
(10) An applicant shall
certify on the County Application, Kentucky Ambulance Grant, KBEMS G-1 that the
county or merged government:
(a) Acknowledges,
understands, and agrees to comply with the requirements and duties of
KRS
311A.155 and this administrative
regulation;
(b) Has not made a
false statement or misrepresentation on the County Application, Kentucky
Ambulance Grant, KBEMS G-1, and that falsely certifying shall subject the
applicant to reimbursement of funds to KBEMS ;
(c) Shall not misuse funds and that doing so
shall subject the applicant to reimbursement of those funds to KBEMS ;
(d) Shall be jointly responsible for ensuring
that all purchases and expenditures of block grant funds are approved and
allowable pursuant to
KRS
311A.155 and this administrative
regulation;
(e) Shall expend
awarded funds for the fiscal year of award only after written approval of
award;
(f) Shall expend all awarded
grant funds, except any approved carry-over funds, by June 30 of the fiscal
year of award; and
(g) Acknowledges
that approved grant funds, except any approved carry-over funds, that are not
expended by June 30 of the fiscal year of award shall be returned to KBEMS
prior to the award of any future grant funds.
Section 3. Application for Change of Items.
(1) An applicant wishing to expend awarded
funds on items not previously approved in the electronic Agency Application,
Kentucky Ambulance Grant, KBEMS G-2, shall submit the electronic Ambulance
Grant Substitute Item Form, KBEMS G-3, to remove the previously approved items
and substitute alternative items for purchase.
(2) Approved purchase transactions shall
occur by June 30 of the fiscal year of award. If applicable, the electronic
Ambulance Grant Substitute Item Form, KBEMS G-3 shall be submitted and approved
by the office of the board by May 31 of the fiscal year of award.
(3) A substitute item purchased without prior
approval from the office of the board shall be considered misuse of grant funds
and shall preclude the applicant from approval of all grant funds during the
following application year.
(4)
(a) Authorization for substitute items shall
not be approved retroactively.
(b)
Approval for a substitute item shall only be authorized by the office of the
board prior to the purchase date.
Section 4. Allowable Expenditures.
(1) Awarded funds shall only be expended on
authorized purchases.
(2)
Authorized purchases shall include:
(a)
Ambulances, equipment, training services, or other items necessary for the
agency or its personnel to meet the minimum requirements of
202 KAR
7:501;
(b)
EMS-related educational tools;
(c)
EMS-related continuing education registrations; and
(d) Items on the Department of Homeland
Security Authorized Equipment List.
(3)
(a) If
seeking reimbursement for attendance at continuing education courses,
conferences, or seminars, only expenses directly related to courses or training
shall be authorized.
(b) Block
grant funds shall not be used for reimbursement of participants' travel, food,
gas, lodging, or incidental expenses related to EMS continuing education
courses, conferences, or seminars.
Section 5. Accountability.
(1) Each applicant that receives funds and
each agency to which the applicants disperse funds shall be jointly accountable
for use of all funds distributed.
(2) Each applicant and agency shall submit an
electronically filed Grant Accountability of Funds, KBEMS G-4 that includes at
a minimum:
(a) Itemization of any previously
approved purchases;
(b) Attached
receipts for all purchases; and
(c)
Included packing slips or invoices.
(3) Each applicant shall submit an
electronically filed Grant Accountability of Funds, KBEMS G-4 each year no
later than the deadline established in Section 6 of this administrative
regulation that accounts for funds that were distributed from the block grant
fund for the application year that occurred two (2) years prior to the
forthcoming application year.
(4)
If an applicant or agency maintains approved carry-over funds in accordance
with
KRS
311A.155(5), the applicant
or agency shall submit proof of the continued availability of those funds.
Proof may include, for example, a bank statement, a letter from the designated
county or government official, a budgetary line-item, or other evidence
sufficient to account for the unused, carry-over funds.
(5) Failure to submit documents accounting
for grant funds by the deadline established in Section 6 of this administrative
regulation shall subject the applicant or agency to being ineligible for
further award of block grant funds.
(6) The board may request documentation of
purchases and expenditures during the grant cycle. Failure to comply with this
request shall make an applicant or agency ineligible for further award of grant
funds.
(7) An agency that fails to
comply with subsections (5) or (6) of this section shall also be subject to
discipline pursuant to
KRS
311A.060.
Section 6. Time limits and Deadlines for
Block Grant Funds Awards.
(1) The ambulance
block grant funding cycle shall follow a fiscal year of July 1 to June 30 each
award year.
(2)
(a) All grant funding shall be appropriately
expended by the applicant and agency between July 1 and June 30 of the fiscal
year of award.
(b) All purchases
shall be expressly approved on the electronic Agency Application, Kentucky
Ambulance Grant, KBEMS G-2 for the fiscal year of award.
(3) The office of the board shall ensure
availability of electronic county and agency ambulance block grant applications
no later than October 1 of the forthcoming application year.
(4) The office of the board shall provide a
notification of the availability of applications on its Web site and by email
to each Class I licensed agency eligible to submit an application no later than
October 1 of the forthcoming application year.
(5) County and agency applications for block
grant funds shall be received electronically by the office of the board no
later than January 31 of each year.
(6) Each applicant and agency shall submit
electronically a Grant Accountability of Funds, KBEMS G-4 no later than January
31 of each year which accounts for funds that were distributed from the block
grant fund for the application year that occurred two (2) fiscal years prior to
the forthcoming application year.
(7) The office of the board shall provide
notification by email to the applicants and agencies of their grant award no
later than July 1 of each fiscal year of award.
(8) The office of the board shall process
payment of awarded grant funds to applicants no later than August 31 of each
fiscal year of award.
(9)
Submission and approval of an electronic Ambulance Grant Substitute Item Form,
KBEMS G-3 shall be approved by the office of the board by May 31 of the current
fiscal year of award.
(10) An
electronic Ambulance Grant Substitute Item Form, KBEMS G-3 received after the
deadline for alternative items not listed on the electronic Agency Application,
Kentucky Ambulance Grant, KBEMS G-2 form for the current fiscal year of award
shall be denied by the office of the board.
(11) An electronic Ambulance Grant Substitute
Item Form, KBEMS G-3 received after the deadline for carry-over funds for the
current fiscal year of award shall be denied by the office of the
board.
Section 7. Review
of Grant Applications.
(1) A grant
application shall be subject to review by the office of the board and other
entities relevant to the award process.
(2) Review of applications shall include:
(a) Level One Review, which shall determine
completeness of the application.
1. An
incomplete application shall be denied, and if still within the deadline for
application, an amended application may be submitted.
2. If outside the application deadline, the
amended application shall be denied; and
(b) Level Two Review, which shall determine
regulatory compliance and appropriateness of expenditures.
(3) The executive director of the office of
the board shall have approval authority for grant applications and purchase
authorization.
(4) Release of
ambulance grant funds shall require a majority vote of the board prior to
distribution of funds.
Section
8. Grant Program Management.
(1)
Implementation and management of the grant program may include employment of an
individual with primary responsibility of managing the block grant fund
program.
(2) Other responsibilities
shall include:
(a) Research of and
application for additional EMS grant sources and funding streams that benefit
KBEMS ' regulatory obligations to licensed agencies; and
(b) Assistance to licensed EMS agencies in
their efforts to locate and obtain other EMS grants.
(3) Employment of the grant management
employee shall be dependent upon the availability of budgetary funds.
Section 9. Statewide Initiatives.
(1) The board may reserve all or a portion of
the block grant funds appropriated to it by the General Assembly if a unanimous
vote of the board determines:
(a) That a
statewide initiative is necessary to further one (1) or more of the statutory
functions of the board in
KRS
311A.035; or
(b) A portion of the funds shall be
distributed to assist agencies in meeting a federal or state mandate relevant
to EMS.
(2) KBEMS shall
not reserve funds for statewide initiatives in consecutive years.
(3) Notification of reservation of funds
shall be sent to all eligible applicants and agencies by October 1 of the
calendar year prior to the grant cycle.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "County Application, Kentucky
Ambulance Grant", KBEMS G-1, April 2019;
(b) "Agency Application, Kentucky Ambulance
Grant", KBEMS G-2, April 2019;
(c)
"Ambulance Grant Substitute Item Form", KBEMS G-3, April 2019; and
(d) "Grant Accountability of Funds", KBEMS
G-4, April 2019.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Kentucky Board of Emergency Medical Services, 118 James Court,
Suite 50, Lexington, Kentucky 40505, Monday through Friday, 8:30 a.m. to 4:30
p.m.
Notes
STATUTORY AUTHORITY: KRS 311A.155(3)
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