| (vi) Prison districts. (3) RAC Allotment. To be eligible for funding from the RAC allotment, a RAC must: (A) be officially recognized by the department as described in §157.123 of this title (relating to Regional Emergency Medical Services/Trauma Systems); (B) be incorporated as an entity that is exempt from federal income tax under §501(a) of the United States Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt organization under §501(c)(3) of the code; (C) submit documentation of ongoing system development activity and future planning; (D) have demonstrated that a regional system performance improvement (PI) process is ongoing by submitting to the department the following: (i) lists of committee meeting dates and attendance rosters for the RAC'S most recent fiscal year; (ii) committee membership rosters which included each member's organization or constituency; and (iii) lists of issues being reviewed in the system performance improvement meetings; and (E) submit all required EMS allocation eligibility items addressed in paragraph (2)(B)-(C) of this subsection. (4) To be eligible to distribute the EMS, Uncompensated Care and TSA allotments, a RAC must be incorporated as an entity that is exempt from federal income tax under §501(a) of the Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt organization under §501(c)(3) of the code. (5) Uncompensated Care Allotment. To be eligible for funding from the Uncompensated Care allotment, a hospital must be a department designated trauma facility or a Department of Defense hospital that is a department designated trauma facility. (A) To receive funding from the Uncompensated Care allotment, an application must be submitted within the time frame specified by the department and include the following: (i) name of facility; (ii) location of facility including mailing address, city and county; and (iii) Texas Provider Identifier (TPI number) or accepted federal identification number. (B) The application must be signed and sworn to before a Texas Notary Public by the chief financial officer, chief executive officer and the chairman of the facility's board of directors. (C) A copy of the application shall be distributed by Level I, II, or III facilities to the trauma medical director and Level IV facilities to the physician director. (D) The department may opt to use data from applications submitted by qualified hospitals in accordance with §157.131(d)(5) of this title (relating to Designated Trauma Facility and Emergency Medical Services Account) for the distribution of funds outlined in subsection (e)(3) of this section. (E) Additional information may be requested at the department's discretion. (e) Calculation Methods. Calculation of county shares of the EMS allotment, the RAC shares of the TSA allotment, and the TSA's share of the uncompensated care allotment. (1) EMS allotment. (A) Counties will be classified as urban or rural based on the latest official federal census population figures. (B) The EMS allotment will be derived by adjusting the weight of the statutory criteria in such a fashion that, in so far as possible, 40% of the funds are allocated to urban counties and 60% are allocated to rural counties. (C) An individual county's share of the EMS allotment shall be based on its geographic size, population, and number of emergency health care runs multiplied by adjustment factors, determined by the department, so the distribution approximates the required percentages to urban and rural counties. (D) The formula shall be: ((the county's population multiplied by an adjustment factor) plus (the county's geographic size multiplied by an adjustment factor) plus (the county's total emergency health care runs multiplied by an adjustment factor) divided by 3) multiplied by the total EMS allocation). The adjustment factors will be manipulated so that the distribution approximates the required percentages to urban and rural counties. Total emergency health care runs shall be the number of emergency runs electronically transmitted to the department in a given calendar year by EMS providers. (2) TSA allotment. (A) A RAC's share of the TSA allotment shall be based on its relative geographic size, population, and trauma care provided as compared to all other TSAs. (B) The formula shall be: ((the TSA's percentage of the state's total population) plus (the TSA's percentage of the state's total geographic size) plus (the TSA's percentage of the state's total trauma care) divided by 3) multiplied by the total TSA allotment). Total trauma care shall be the number of trauma patient records electronically transmitted to the department in a given calendar year by EMS providers and hospitals. (3) Uncompensated care allotment. (A) The uncompensated care allotment shall be based on a TSA's relative geographic size, population, and a TSA's percentage of the state's total reported uncompensated trauma care. (B) The formula shall be: ((the TSA's percentage of the state's total population) plus (the TSA's percentage of the state's total geographic size) plus (the TSA's percentage of the total reported cost of uncompensated trauma care by qualified hospitals that year) divided by 3) multiplied by the total uncompensated care allotment). (C) For purposes of subparagraphs (A)-(B) of this paragraph, the reporting period of a facility's uncompensated trauma care shall apply to costs incurred during the preceding calendar year. (D) The department may choose to distribute funds outlined in paragraph (3) of this subsection, to eligible recipients, in conjunction with the distribution of funds outlined in §157.131(e)(2) of this title concerning the hospital allocation of the designated trauma facility and emergency medical services account. (f) Loss of funding eligibility. If the department finds that an EMS provider, RAC, or trauma facility has violated the Health and Safety Code, §773.122, or fails to comply with this section, the department may withhold account monies for a period of one to three years depending upon the seriousness of the infraction. |
