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ADMINISTRATION OF STATE FUNDING FOR REGIONAL HEALTH PLANNING (REPEALED)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 (Repealed.)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 (Repealed.)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 (Repealed.)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 (Repealed.)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 (Repealed.)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.