35 PA Cons Stat § 8112 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 35 - HEALTH AND SAFETY|Chapter 81 - Emergency Medical Services System|Section 8112 - Contracts and grants

§ 8112. Contracts and grants.  (a) General power.--The department may enter into contracts or grants with entities to serve as regional EMS councils responsible for the initiation, expansion, maintenance and improvement of regional EMS systems that are in accordance with the Statewide EMS system plan.  (b) Limitation.--An entity with which the department enters into a contract or grant under this section to serve as a regional EMS council shall carry out the duties assigned by the department under section 8109(c) (relating to regional emergency medical services councils).  (c) Purposes.--In contracting with or giving a grant to regional EMS councils, the department may allocate Emergency Medical Services Operating Fund moneys appropriated to the department only for the following purposes:  (1) Providing programs of public education, information, health promotion and prevention regarding EMS.  (2) Purchasing ambulances, other EMS vehicles, medical equipment and rescue equipment.  (3) Applying to costs associated with conducting training and testing programs for EMS providers.  (4) Applying to costs associated with inspections and investigations conducted to assist the department to carry out its regulatory authority under this chapter.  (5) Purchasing communications equipment and services, including alerting equipment, provided that the purchases are in accordance with the Statewide EMS system plan.  (6) Assisting with the merger of EMS agencies or assisting an EMS agency to acquire another EMS agency, when the department determines circumstances exist such that the transaction and financial assistance are needed to serve the public interest.  (7) Applying to costs associated with the maintenance and operation of regional EMS councils. Those costs may include, but shall not be limited to, salaries, wages and benefits of staff, travel, equipment and supplies, leasing of office space and other costs incidental to the conduct of business which are deemed by the department to be necessary and appropriate for carrying out the purposes of this chapter.  (8) Applying to costs associated with collection and analysis of data necessary to evaluate the effectiveness of EMS systems in providing EMS and to administer quality improvement programs.  (9) Applying to costs associated with assisting EMS agencies to recruit and retain EMS providers.  (d) Restriction.--In contracting with or providing grants to regional EMS councils, the department may not allocate Emergency Medical Services Operating Fund moneys appropriated to the department for the following purposes:  (1) Acquisition, construction or rehabilitation of facilities or buildings, except renovation as may be necessary for the implementation or modification of EMS communication systems.  (2) Purchasing hospital equipment, other than communications equipment for medical command and receiving facilities, unless the equipment is used or intended to be used in an equipment exchange program with EMS agencies.  (3) Maintenance of ambulances, other EMS vehicles and equipment.  (4) Applying to costs deemed by the department as inappropriate for carrying out the purposes of this chapter.  (5) Applying to costs which are normally borne by patients, except for extraordinary costs as determined by the department.  (e) Reports.--The recipient of a contract or grant under this chapter shall make reports to the department as may be required by the department.  (f) Contract and grant prerequisites.--The department shall not contract with or provide a grant to an entity for that entity to serve as a regional EMS council unless:  (1) The entity has submitted a contract or grant application to the department in a form and format prescribed by the department that is consistent with the Statewide and regional EMS system plans.  (2) The application addresses planning, maintenance and improvement of the regional EMS system.  (3) The entity demonstrates to the department's satisfaction the qualifications and commitment to plan, maintain and improve a regional EMS system and that the entity has the required organizational structure and provisions for representation of appropriate entities.  (g) Technical assistance.--The department shall provide technical assistance, as appropriate, to regional EMS councils and to such other eligible entities as necessary for the purpose of their carrying out the provisions of contracts and grants under this section, with special consideration for contractors and grantees representing rural areas.  (h) Payments.--Payments pursuant to a contract or grant under this section may be made in advance or by way of reimbursement and in installments and on conditions as the department determines will most effectively carry out the provisions of this chapter.  (i) Other funds considered.--  (1) In determining the amount of a contract or grant under this section, the amount of funds available to the contractor or grantee from non-State contributions and Federal grant or contract programs pertaining to EMS shall be taken into consideration.  (2) For purposes of this subsection, "non-State contributions" include the outlay of cash and in-kind services to the contractor or grantee or toward the operation of a regional EMS system by private, public or government third parties, including the Federal Government.  (j) Other contracts and grants.--The department may enter into contracts and grants with organizations other than regional EMS councils in order to assist the department in complying with the provisions of this section and chapter.  (k) Public disclosure.--  (1) Subject to the provisions of paragraph (2), finalized contracts and grants shall be deemed public records subject to disclosure.  (2) The department may not disclose information in contracts or grants that could be used by persons to undermine measures to combat, respond to or recover from terrorist attacks.  (l) Sole source contract or grant.--Upon expiration of a contract or grant with an entity to carry out the duties of a regional EMS council as set forth in subsection (c), the department, without undertaking a competitive bidding process, may enter into a new contract or grant with the same entity for that entity to continue to serve as a regional EMS council and perform the duties set forth in subsection (c), as determined by the department, if that entity, in carrying out the prior contract or grant, demonstrated its ability and commitment to the department's satisfaction to plan, maintain and improve the regional EMS system consistent with the terms of the prior contract or grant.  Cross References. Section 8112 is referred to in sections 8108, 8111, 8153 of this title.