7.27.4.14

ADMINISTRATION

1. A. ADMINISTRATION: From the fund, three percent (3%) may be used by the bureau and EMS regional offices for administrative costs, including monitoring and providing technical assistance, as set forth in this section.

2. B. INSPECTION - STATUTORY REQUIREMENT: Inspections, pursuant to Section 24-10A-9, NMSA 1978 are to be constructive and informative to the local recipient to insure the highest possible standards of equipment and training are instituted by the local recipient and to identify any areas which could be of danger or harmful to the health, safety and welfare of staff and the public for whom service is provided.

   (1) Applicants and local recipients shall be subject to reasonable visitation by authorized representatives of the bureau. Vehicle maintenance records, records of service under warranties, continuing education records, training certificates, and similar records shall be open for inspection, as well as tariff billings and fiscal and expenditure records relative to an area for which full or partial funding was made under the act.

   (2) Upon completion of an inspection, the findings shall be discussed with the applicant’s and/or local recipient’s representative.

   (3) If deficiencies are indicated, the applicant and/or local recipient shall submit a report stating how the deficiencies will be corrected and the estimated date of completion. In most cases corrections should be completed within thirty (30) calendar days.

3. C. LOSS OF FUNDING ELIGIBILITY - STATUTORY REQUIREMENT: A municipality, county or local recipient that the bureau finds has expended money in violation of the act including misrepresentation on the EMS Fund Act application, may be ineligible to receive funding from the bureau for a period of not less than one year or more than three years, through the process set forth below.

   (1) When a violation is suspected, the bureau will notify the applicant and/or local recipient in writing identifying the concerns and requesting an explanation or response.

   (2) The applicant and/or local recipient shall respond in writing within twenty (20) working days.

   (3) The bureau may initiate a formal investigation, including a formal audit, if deemed necessary.

   (4) Based upon their findings, the bureau will notify the applicant and/or local recipient in writing of their determination and associated penalty, which can range from one to three years of ineligibility.

   (5) The bureau may refer the matter to appropriate law enforcement agencies.

4. D. OVERSIGHT OF MUTUAL AID: The bureau shall encourage the development of appropriate mutual aid agreements between local recipients to ensure compliance with the act and this rule.
5. E. COORDINATION: The bureau shall facilitate the coordination of services between state agencies, EMS regional offices, applicants, and local recipients to execute the requirements of the act and this rule for the efficient and effective use of these funds.
6. F. EVALUATION AND AUDIT OF PROGRAMS: The bureau shall be responsible for the periodic evaluation of all programs and projects receiving funds under the act. This evaluation may include initiation of an objective audit, if deemed necessary.

7. G. TECHNICAL ASSISTANCE: The bureau shall be responsible to provide, as needed, technical assistance to counties, municipalities, EMS regional offices, state and local agencies and any other parties involved in any of the programs funded through the act and this rule.

   History of 7.27.4 NMAC:

   Pre NMAC: The material in this part was derived from that previously filed with the commission of public records - state records center and archives:

   HED 78-9-1, Emergency Medical Services Fund Act Regulations, filed 9-29-78

   HED 80-7 (HSD), Emergency Medical Services Fund Act Regulations, filed 10-9-80

   HED 84-2 (HSD), Emergency Medical Services Fund Act Regulations, filed 8-8-84

   HED 87-11 (PHD/HSD), Emergency Medical Services Fund Act Regulations, filed 10-26-87

   DOH Regulation 94-11 (CHSD), Regulations Governing the Emergency Medical Services Fund Act for the State of New Mexico, filed 12-30-94

   DOH Regulation 95-05 (CHSD), Regulation Governing the Emergency Medical Services Fund Act, filed 10-25-95.

   History of Repealed Material:

   7 NMAC 27.4, Emergency Medical Services Fund Act Program (filed 11-26-96), repealed 7/1/2000.

   7.27.4 NMAC, Emergency Medical Services Fund Act Program (filed 06-16-2000), repealed 9/13/2001.

   Other History:

   7 NMAC 27.4, Emergency Medical Services Fund Act Program (filed 11-26-96) replaced by 7.27.4 NMAC, effective 7-1-2000.

   7.27.4 NMAC, Emergency Medical Services Fund Act Program (filed 06-16-2000) replaced by 7.27.4 NMAC, Emergency Medical Services Fund Act Program, effective 9/13/2001.

   7.27.4 NMAC, Emergency Medical Services Fund Act Program (filed 08/30/2001) replaced by 7.27.4 NMAC, Emergency Medical Services Fund Act, effective 8/13/2004.

[7.27.4.14 NMAC - Rp, 7.27.4.14 NMAC, 8/13/2004]