Montana Administrative Register Notice 18-123 No. 1   01/14/2010    
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In the matter of the adoption of New Rules I-V pertaining to the administration of an emergency medical service grant









TO:  All Concerned Persons


1.  On March 26, 2010, the Department of Transportation proposes to adopt the above-stated rules.


2.  The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the Department of Transportation no later than 5:00 p.m. on January 28, 2010, to advise us of the nature of the accommodation that you need.  Please contact the Planning Division, Department of Transportation, 2960 Prospect Avenue, Helena, Montana, 59620; telephone (406) 444-7289; fax (406) 444-7671; TTY (800) 335-7592; or e-mail dmcbroom@mt.gov.


3.  The rules as proposed to be adopted provide as follows:


            NEW RULE I  DEFINITIONS  For the purposes of this subchapter and administering the Emergency Medical Service Providers Grant Program, and unless the context expressly indicates otherwise, the following definitions apply: 

            (1)  "Emergency situation" means a documented emergency as determined by the Montana Department of Transportation Director, which includes, but is not limited to, the following: 

            (a)  an accident that renders a vehicle or equipment inoperable and nonrepairable; or

            (b)  a vehicle or equipment breakdown that requires temporary substitutes during repairs to the primary vehicle or equipment.

            (2)  "Majority" means 51% or greater.

            (3)  "Match" means a cash match.  A 10% match is required.

            (4)  "Routine medical supplies" means disposable, single-use supplies.

            (5)  "Training" means equipment for required training to maintain certifications, initial or ongoing emergency medical technician training, or continuing education.


AUTH:  61-2-506, MCA

IMP:  61-2-503, 61-2-504, 61-2-505, 61-2-506, 61-2-507, MCA


REASON:  The proposed rule establishes definitions which are necessary to implement the emergency medical service providers grant program.  These are terms used in the statutes and in the proposed rules.  As such, the definitions will provide for consistent application of the program.


            NEW RULE II  CRITERIA FOR REVIEW  (1)  An application for a grant to acquire or lease an ambulance or emergency response vehicles or equipment funds must include a statement indicating how the emergency medical service meets the following criteria.  A proposed budget must be submitted with the application indicating how grants will be used.

            (2)  The department will review applications and rank based on the following weighted criteria:

            (a)  50% -demonstrated need, including fleet status;

            (b)  5% -size of the geographic area;

            (c)  5% -distance from other emergency medical service providers in the geographic region;

            (d)  5% -distance from the closest hospital;

            (e)  5% -number of calls in the previous calendar year;

            (f)  5%  -number of volunteer emergency medical technicians on the active duty roster; and

            (g)  25% -percentage of medical calls that are vehicle related.


AUTH:  61-2-506, MCA

IMP:  61-2-504, 61-2-506, MCA


REASON:  The proposed rule fulfills the requirement of 61-2-506, MCA, which provides for statutory criteria weighing and scoring applications.  The rule will allow for consistency and predictability in awarding grants.


            NEW RULE III  REASONS FOR NOT ALLOWING A GRANT  (1)  The allowable reasons for not awarding a grant are: 

            (a)  ineligible applicant or application;

            (b)  higher scoring applicants receive funding;

            (c)  lack of remaining funding;

            (d)  failure to provide the 10% match; or

            (e)  granting authority ends.

            (2)  Any applicant may dispute the denial of an application for a grant.  The applicant must submit in writing a letter appealing the decision to the director of the Montana Department of Transportation within 30 days of the applicant receiving notification of the department's decision.  The director will conduct a review of the process and funding decision.  A decision will be issued by the Montana Department of Transportation based on the director's findings.  That decision will be the final agency decision.


AUTH:  61-2-506, MCA

IMP:  61-2-503, 61-2-505, 61-2-506, MCA


REASON:  The proposed rule establishes the reasons for denying a grant application as required by 61-2-505 and 61-2-506, MCA.  Each of the reasons listed is sufficient for such a denial and will provide consistency and predictability in the program.  The proposed rule also provides an appeal process in keeping with 61-2-505, MCA.  It makes clear that the director's decision is the final agency action.


            NEW RULE IV  EMERGENCY FUND  (1)  An emergency fund of up to 5% shall be made available on an annual basis.  Awards will only be made based on the emergency situation as provided in the definitions.


AUTH:  61-2-506, MCA

IMP:  61-2-506, 61-2-507, MCA


REASON:  The proposed rule is to establish a grant for emergencies which complies with 61-2-507, MCA.  It was necessary to define an emergency and to further describe the circumstances wherein such grants will be allowed.


            NEW RULE V  ACQUISITION OF CAPITAL AND REPORTING REQUIREMENTS  (1)  Grant recipients must use the ambulance specifications for emergency medical services found in ARM Title 37, chapter 104, subchapter 3. .

            (2)  Successful applicants must report on various accounting or data items as required by Montana Department of Transportation.


AUTH:  61-2-506, MCA

IMP:  61-2-506, MCA


REASON:  61-2-506, MCA requires that rules be adopted for reporting requirements for grant recipients.  It is necessary to adopt a rule setting forth the reference to the DPHHS specifications and to inform applicants that MDT will develop forms for reporting.


            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Planning Division, Department of Transportation, 2960 Prospect Avenue, Helena, Montana, 59620; telephone (406) 444-7289; fax (406) 444-7671; or e-mail dmcbroom@mt.gov, and must be received no later than 5:00 p.m., February 11, 2010.


5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments to Doug McBroom at the above address no later than 5:00 p.m., February 11, 2010.


6.  If the agency receives requests for a public hearing on the proposed action from either 10% or 25 persons, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 12 persons based on the potential of 118 ambulance service providers that may be affected.


7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e‑mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written requests may be mailed or delivered to the contact person in paragraph 4 above or may be made by completing a request form at any rules hearing held by the department.


8.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


9.  The cumulative amount for all persons of the proposed grant program is $1 million per year for two consecutive years with the potential of up to 118 ambulance service providers to be affected.


10.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled.  The primary bill sponsor was contacted by letter on August 19, 2009, and by e-mail on October 14, 2009. 


/s/ Lyle Manley                                               /s/ Jim Lynch                         

Lyle Manley                                                    Jim Lynch

Rule Reviewer                                               Director

                                                                        Dept. of Transportation


Certified to the Secretary of State January 4, 2010.



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