Proposed Text
CHAPTER 50
ADMINISTRATION OF STATE FUNDING FOR REGIONAL HEALTH PLANNING (REPEALED)
Part I
General Information
Article 1
Definitions
12VAC20-50-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
"Commissioner" means the State Health
Commissioner.
"Department" means the Virginia Department of
Health.
"Planning Board" means the Virginia Health
Planning Board.
"Region" means an area of the Commonwealth
designated by the Planning Board as a health planning region.
"Regional agency" means a regional health
planning agency designated by the Planning Board pursuant to § 32.1-122.01 et
seq. of the Code of Virginia to perform health planning activities within a
region.
"Regional board" means the governing body of a regional
agency.
"State funding" means moneys appropriated by the
Virginia General Assembly pursuant to § 32.1-122.06 of the Code of Virginia.
Article 2
Background and Authority
12VAC20-50-20. Background. (Repealed.)
The Planning Board was created in 1989 to supervise and
provide leadership for the statewide health planning system; to provide
technical expertise in the development of state health policy; to receive data
and information from the regional agencies and consider regional planning
interests in its deliberations; to review and assess critical health care
issues; and to make recommendations to the Secretary of Health and Human
Resources of the Commonwealth of Virginia, the Governor, and the General
Assembly concerning health policy, legislation, and resource allocation. The
department provides principal staff and administrative support services to the
Planning Board.
12VAC20-50-30. Authority. (Repealed.)
Section 32.1-122.06 of the Code of Virginia establishes
funding for regional health planning and requires the Planning Board to
promulgate such regulations as are necessary and relevant to administer the
funding.
Part II
General Requirements
Article 1
Conditions on the Distribution of State Funding
12VAC20-50-40. Recipients. (Repealed.)
State funding shall be administered by the department and
shall be distributed only to (i) regional agencies, or (ii) the department if
the department is performing regional agency functions as provided for in
regulations of the Planning Board and if such distribution is not otherwise
prohibited.
12VAC20-50-50. Application required. (Repealed.)
Each regional agency shall apply to the department for
state funding, which shall be distributed as grants. All applications for such funding
shall be accompanied by letters of assurance that the applicant shall comply
with all state requirements. The time period covered by the applications and
their related grants shall be no more than two years.
Article 2
Other Conditions
12VAC20-50-60. Agreements required. (Repealed.)
An agreement shall be executed between the commissioner, in
consultation with the Planning Board, and each regional board to delineate the
work plan and products to be developed with state funding. Funding for the
regional agencies shall be contingent upon meeting these obligations.
12VAC20-50-70. Allowable uses of state funding. (Repealed.)
State funding may be used for the administration of the
regional agency, the analysis of issues, and such other health planning purposes
as may be requested pursuant to § 32.1-122.05 D of the Code of Virginia.
Part III
Administration of Grants
12VAC20-50-80. Planning products. (Repealed.)
The Planning Board shall develop and maintain descriptions
of planning products that it desires to have developed with state funding. The
Planning Board shall establish, and revise as necessary, the relative priority
among these desired products. The descriptions and priorities shall be made
available to each regional agency as a basis for developing the applications
required by Part II of this chapter.
12VAC20-50-90. Minimum contents of application. (Repealed.)
Each application shall include at least the following
information:
1. Name and principal office address of applicant.
2. Region served.
3. Name and telephone number of the applicant's official
contact person.
4. Description of services to be provided by use of state
funding, including:
a. Planning products to be developed;
b. Work plan for developing planning products, including
for each:
(1) Schedule of activities, including work to be completed
by the end of each quarter,
(2) Number of health planning and executive staff days
required,
(3) Number of clerical staff days required, and
(4) Nature of technical assistance required from the
department;
c. Regulatory services to be provided, in particular those
pursuant to § 32.1-102.6 of the Code of Virginia, with estimates of clerical
and health planning and executive staff days required;
d. Other services to be provided, with estimates of
clerical and health planning and executive staff days required.
5. Description of services to be provided other than by use
of state funding.
6. Budget projection for each year of the requested grant
period, with:
a. Detailed information by type expenditure for each
service to be provided, and
b. A summary of available and expected financing by major
source including requested state funding.
7. Proposed staff complement by job title, with salary or
wages for each year of the requested grant period and clarification regarding
full-time or part-time status.
8. Current bylaws of the applicant's regional board, or
proposed bylaws if the applicant is new and has not yet organized a board.
9. Letter of assurance as required by Part II of this
chapter.
12VAC20-50-100. Awarding of grants. (Repealed.)
In consultation with the Planning Board, the commissioner
shall award grants based upon his evaluation of the relevant responsive
applications with respect to the scope of proposed products and services, their
consistency with both § 32.1-122.05 D of the Code of Virginia and the expressed
priorities of the Planning Board, and the ability of the agency to complete its
tasks efficiently and effectively. Grants to regional agencies shall not exceed
the maximum specified in § 32.1-122.06 of the Code of Virginia, and shall be
contingent upon the execution of agreements as required by Part II of this
chapter. The extent to which grants are awarded to regional agencies shall be
dependent upon the amount of money appropriated for state funding and, within
that constraint and consistent with § 32.1-122.06 of the Code of Virginia,
shall be commensurate with the products and services specified in the
agreements.
12VAC20-50-110. Distribution of funds. (Repealed.)
The commissioner shall authorize the distribution of funds
to regional agencies in accordance with the related agreements and in
accordance with the Commonwealth's rules and procedures for disbursing and
accounting for state funds, including those of the State Comptroller.
12VAC20-50-120. Accountability. (Repealed.)
Each regional agency shall demonstrate and document
accountability for state funding through quarterly expenditure and activity
reports which shall be submitted to the commissioner. Such reports shall
include, but are not limited to, quarterly and year-to-date experience compared
with the corresponding projections and work plans as set forth in the related
agreement. The commissioner may delay or deny state funding payments in the
absence of timely submittal of these reports.
12VAC20-50-130. Amending of agreements. (Repealed.)
The agreements pursuant to Part II of this chapter may be
amended upon mutual consent in writing of the parties involved. The
commissioner shall notify the Planning Board of any such amendments.
12VAC20-50-140. Breach of agreements. (Repealed.)
If the commissioner determines that a breach of agreement
exists that endangers the health, safety or welfare of the population to be
served or jeopardizes the financial or programmatic provision of functions and
services, he shall suspend the agreement immediately and its termination shall
become final within 30 days, unless good cause is shown by clear and convincing
evidence. Under other circumstances should the commissioner, in consultation
with the Planning Board, have cause to believe that a substantive breach of
agreement exists, he shall provide notice to the regional agency of his intent
to terminate the agreement within 30 days, stating the bases, and shall provide
an opportunity for a hearing if requested within 15 days of receipt of the
notice by the regional agency. Failure to request a hearing shall result in
termination of the agreement at the end of the 30th day after receipt of the notice
by the regional agency. The hearing, if timely requested, shall be provided
consistent with the provisions of the Administrative Process Act (§ 9-6.14:1 et
seq. of the Code of Virginia), and the commissioner's decision as a result of
such hearing shall be communicated to the regional agency and the Planning
Board.