Administrative Code

Virginia Administrative Code
8/17/2022

Part VIII. Financial Assistance for Emergency Medical Services

Article 9
Accreditation of EMS Programs

12VAC5-31-2810. The Financial Assistance and Review Committee (FARC).

A. Financial Assistance and Review Committee appointments.

1. Appointments shall be made for terms of three years or the unexpired portions thereof in a manner to preserve, insofar as possible, the representation of the emergency medical services councils. No member may serve more than two successive terms. The chairman shall be elected from the membership of the FARC for a term of one year and shall be eligible for reelection.

2. The EMS Advisory Board may revoke appointment for failure to adhere to the standards set forth in this chapter, and the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq. of the Code of Virginia).

3. Members serving on the FARC on January 1, 2008, shall complete their current terms of office.

4. Midterm vacancies shall be filled by nominations submitted from the affected designated regional EMS council.

B. Geographical representation.

1. Designated regional EMS councils shall be eligible to submit nominations to the EMS Advisory Board for representation on the FARC.

2. The eligible designated regional EMS council shall nominate three candidates to fill a vacancy on the FARC. The EMS Advisory Board shall make appointments from the nominations submitted by the designated regional EMS council.

3. A designated regional EMS council whose representative has completed two successive terms on FARC shall not be eligible to submit a nomination for one full term (three years).

C. Meetings and attendance.

1. The FARC shall meet at least four times annually at the call of the chairman or the commissioner.

2. Attendance at FARC Grant Review meetings is mandatory for all members.

3. A quorum for a meeting of the FARC shall consist of not fewer than four members.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2820. RSAF General Grant Program administration.

A. The FARC will administer the RSAF (Rescue Squad Assistance Fund) General Grant Program and the funding of RSAF General Grant awards using the Office of EMS approved pricing, applicant eligibility, award criteria, and priorities as approved by the EMS Advisory Board.

B. The Office of EMS shall approve and maintain a list that represents an average price of EMS vehicles, EMS equipment, communications equipment, and EMS education programs frequently requested under the RSAF General Grant Program. This list will be based on current market pricing and is not all-inclusive. RSAF General Grant awards for items maintained on this list shall not exceed the approved amount.

C. Funding priorities for RSAF General Grants shall be identified in the Virginia Statewide EMS Plan as stipulated in § 32.1-111.3 of the Code of Virginia or special initiatives as approved by the EMS Advisory Board.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2830. Award of RSAF General Grants.

A. The requirements of this section shall apply to the disbursement of funds.

B. A nonprofit licensed EMS agency or other Virginia emergency medical service organization operating on a nonprofit basis exclusively for the benefit of the general public pursuant to § 32.1-111.12 of the Code of Virginia is eligible for an RSAF General Grant.

C. An applicant must be in compliance with this chapter.

D. Programs, services, and equipment funded by the RSAF must comply with the plans, policies, procedures, and guidelines adopted by the EMS Advisory Board. Grants may be approved for the following:

1. Establishment of a new EMS agency, program, or service where needed to improve emergency medical services offered in an area;

2. Expansion or improvement of an existing EMS agency, program, or service;

3. Replacement of equipment or procurement of new equipment; or

4. Establishment, expansion or improvement of EMS training programs.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2840. RSAF General Grant award cycle.

A. The grant period shall be for a period of 12 months from the date of award and there shall be two review cycles per year.

B. Deadline for submission of applications shall be March 15 and September 15 of each year. Applications must be received in the Office of EMS by 5 p.m. of the date of the deadline. In the event the deadline falls on a Saturday, Sunday, or state or federal holiday, the application must be received by 5 p.m. in the Office of EMS the next business day.

C. Applications shall be made to the Office of EMS on an approved application form.

D. Dates of award shall be July 1 and January 1 of each year.

E. Other dates in the award process shall be established by the Office of EMS.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2850. Emergency awards.

A. The commissioner empowers the Office of EMS the ability to implement Emergency Grant Awards. The Office of EMS will advise the EMS Advisory Board and FARC of emergency grants awarded and the purpose(s) of disbursement of these funds.

B. Applications shall be made to the Office of EMS on an approved application form at any time.

C. The Emergency Grant Award will be made or rejected by the Office of EMS within 10 business days after receiving an application on an approved form.

D. Award of funds shall be based upon the demonstrated needs arising from a natural or man-made disaster as defined in § 44-146.16 of the Code of Virginia.

E. Award of funds shall be based upon incidents or circumstances involving the loss or potential loss of critical equipment or services.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2860. EMS System Initiative Awards.

EMS System Initiative Awards are based on priorities and needs identified by the EMS Advisory Board in consultation with the Office of EMS to meet EMS system objectives as stipulated in § 32.1-111.3 of the Code of Virginia.

1. The Office of EMS or FARC, in consultation with EMS Advisory Board, may implement EMS System Initiative Awards at any time. Examples of such awards would include medically advanced equipment with broad application (automated external defibrillation) and information technology to enhance communications and data (computers).

2. EMS System Initiative Award applications shall be submitted on the Office of EMS approved form, using approved pricing, application eligibility award criteria, and approved priorities.

3. The EMS System Initiative Award will be made or rejected by the Office of EMS within 30 business days after receiving an application on an approved form.

4. EMS System Initiative Awards may be granted for the following purposes, based upon the demonstrated need:

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;

c. Replacement of equipment or procurement of new equipment; or

d. Establishment, expansion or improvement of EMS training programs.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2870. Responsibilities of the grantee.

A. Grantee shall not discriminate in the provisions of its services or in the conduct of its business affairs on the basis of race, color, creed, religion, sex, national origin, or disability.

B. Grantee must comply with these regulations. The grantee shall be responsible for ensuring that item(s) purchased in whole or in part with the use of the state moneys comply with these regulations.

C. Grantee shall be responsible for the preparation and maintenance of proper accounting records that shall be maintained for a period of not less than five years from the end of the grant period.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2880. Application for award.

A. Applications shall be made to the Office of EMS.

B. The Office of EMS will review applications for compliance with the EMS regulations and RSAF policies and procedures. The FARC reviews and grades applications and makes recommendations on general grant funding.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2890. [Reserved].

Historical Notes

Reserved, Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2900. Awards.

A. The Office of EMS shall make awards as approved by the commissioner.

B. Grantees will be notified of their award.

C. Funds may be disbursed to the grantee at any time within the grant period. Agreement to the award and any attached conditions shall be secured prior to any disbursements.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2910. Amount of grant award.

A. The amount of RSAF General Grant award granted an applicant will not exceed 50% of the cost of the item(s) except in documented and approved cases of hardship. The amount of an RSAF General Grant award shall be based upon the amount requested for the item(s) and state approved pricing determined by the Office of EMS. The amount awarded will not exceed the amount requested by the applicant.

B. Additional funding may be recommended for those unique situations where the applicant has demonstrated the lack of reasonable capability to generate a 50% match (hardship). The additional funding above a 50% match will be determined by the FARC.

1. Awards identified on the notice of award as being "hardship" (above a 50% match level) require the grantee to purchase from available state contracts.

Awardees, able to demonstrate the ability to purchase at a cost equal to or less than the state contract price, may purchase outside the state contract with prior approval.

2. The FARC shall recommend the percentage of an RSAF General Grant award based upon the review of the application.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2920. Use of funds.

A. Awards shall be made in accordance with § 32.1-111.12 of the Code of Virginia.

B. Funds shall be used only for the specific items, service, or programs for which they were awarded and in accordance with any conditions placed upon a grant award.

C. The grantee shall sign an agreement form attesting that the award funds shall be used as granted and the grantee meets all conditions placed upon the award.

D. Sale, trade, transfer, or disposal, within five years of vehicles or items specified by the Office of EMS in the notice of award purchased in whole or in part with the use of state moneys requires prior approval by the Office of EMS.

E. EMS vehicles purchased with funding from the RSAF shall meet the current state and federal standards for the type of vehicle purchased.

F. Funds shall not be used for expenditures or commitments made before the date of the grant award or after the conclusion of the grant period.

G. Funds shall not be approved or disbursed for:

1. Leased equipment or vehicle;

2. Equipment or vehicles secured by a lien;

3. Guarantees or warranties;

4. Used equipment or vehicles without prior approval; or

5. Fire suppression apparatus or law-enforcement equipment.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2930. Ownership.

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 or government entity in which the organization is located. This requirement shall apply to the ownership of equipment purchased in whole or in part with the use of these funds.

A copy of the title for each EMS vehicle shall be provided to the Office of EMS.

Statutory Authority

§§ 32.1-12 and 32.1-111.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 32, Issue 6, eff. January 4, 2016.

12VAC5-31-2940. Improper expenditures.

A. An audit revealing expenditures not permitted by the conditions of the award will result in the grantee being required to reimburse the Office of EMS any funds received.

B. An agency providing false, misleading or improper information to the Office of EMS will be ineligible for future grants for a period of five years.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2950. Modification of an award.

Any changes in the project, including any changes in the approved item(s), shall be permitted only by modification of the award.

1. The grantee must request in writing the specific modifications desired and the reasons and circumstances necessitating such a request to the Office of EMS.

2. The commissioner may modify, approve or deny the request for modification.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2960. Suspension of an award.

A. The commissioner may suspend an award and all disbursements of funds attached pending an investigation and following an informal fact-finding conference as defined in the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. There shall exist reasonable cause for suspension prior to such action by the commissioner. Such cause shall include:

1. Failure to comply with these regulations;

2. Violation of the terms of any conditions or agreements attached to an award; or

3. A reasonable belief by the commissioner that any such violations might otherwise continue unabated.

C. The Office of EMS shall notify the grantee of the suspension by certified mail to the last known address.

D. 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 commissioner.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

12VAC5-31-2970. Revocation of an award.

The commissioner may revoke an award and all disbursements of funds attached after an informal fact-finding conference as defined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) or waiver thereof.

1. Cause. There must exist reasonable cause for revocation prior to such action by the commissioner.

2. Notification. The Office of EMS must notify the grantee of the revocation by certified mail to the last known address.

3. Period of effect. A revocation shall be permanent unless and until overturned on appeal.

Statutory Authority

§§ 32.1-12, 32.1-111.4, and 32.1-111.11 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008.

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