This amendment is not anticipated to result in a cost or savings to local health departments and local health officers, as this amendment aligns this rule with current practice.
At a recent meeting, the Governance Committee recommended updating this rule to clarify that the voting body responsible for allocating funding to programs includes all local health officers and is not contingent upon a local health officer's membership of the Utah Association of Local Health Officers. There are currently 13 local health officers in the state, one for each local health department. However, the clarification of who may vote does not add to or modify the existing process.
Additionally, the Governance Committee recommended updating this rule to allow the voting body of local health officers the option to exempt funding from the funding allocation formula. The funding allocation formula is still in place and used in accordance with statute. Therefore, this amendment is not anticipated to result in a fiscal impact.
Further changes clarify rule language, comply with the Rulewriting Manual for Utah, and align this rule's style and formatting with other rules under the department.
C. Small businesses ("small business" means a business employing 1-49 persons):
This amendment is not anticipated to result in a cost or savings for small businesses, as this rule does not apply to that group.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This amendment is not anticipated to result in a cost or savings for non-small businesses, as this rule does not apply to that group.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This amendment is not anticipated to result in a cost or savings for other persons, as this rule does not apply to that group.
F. Compliance costs for affected persons:
This amendment is not anticipated to result in a compliance cost for affected persons, including the department, the Governance Committee, local health departments, and local health officers, as this amendment aligns this rule with current practice.
G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)
Regulatory Impact Summary Table
H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Tracy S. Gruber, Commissioner
R380. Health and Human Services, Administration.
R380-50. Local Health Department Funding Allocation Formula.
R380-50-1. Authority and Purpose.
(1) Section 26A-1-116 authorizes this rule.
(2) This rule specifies the formula for allocating state-appropriated funds to local health departments by contract.
R380-50-2. Definitions.
(1) "Department" means the [Utah ]Department of Health and Human Services. (2) "Formula" means the funding allocation formula described in this rule. (3)(a) "Funds" means [the State General Block Funds Maternal and Child Health Block grant funds, Preventive Block grant funds, immunization funds, bioterrorism and emergency preparedness and response funds, and tobacco]state funds[,] [allocated]appropriated by the Legislature to the department for distribution to [all]each participating local health department[s] by contract. (b) Funds may include a federal grant, as determined by contract between the department and a local health department. ([3]4) "Local [H]health [D]department" means [a local health department established under]the same as defined in Subsection 26A-1-102([5]6). ([4]5) "Local health officer" means the same as described in Section 26A-1-110. (6) "Multi[-]county [F]factor" means funds allocated to local health departments to encourage them to form and maintain multi[-]county local health departments. ([5]7) "Multi[-]county local [H]health [D]department" means [a local health department that is comprised of two or more contiguous counties]the same as defined in Subsection 26A-1-102([7]8). ([6]8) "Participating local health department" means a local health department that accepts funds by contract from the department. ([7]9) "Total [S]state [P]population" means the population figures by county as provided by the [State]Governor's Office of Planning and Budget. R380-50-3. Allocation Procedures.
(1) The amount of funds the department allocates to [the]each local health department[s] shall be determined by the Governance Committee as described in Section 26B-1-207. (2)(a) By a three-fourths vote of [its members, the Utah Association of Local Health Officers]the local health officers, the local health officers may, in cooperation with and subject to the approval of the department, allocate a portion of the funds as necessary to support public health programs within [every]each participating local health department and [are]to be available to [all ]eligible residents of the state. (b) [The department finds that p]Population is not the sole relevant factor in determining need. (3) The department adopts the following formula pursuant to Section 26A-1-116 for reallocating to local health departments any increases or decreases in funds[ as follows]: (a) a minimum share, which is 32% of the funds divided into equal shares for each participating local health department;
(b) [fifty percent]50% of the funds are divided among the local health departments based on the percentage of the total state population living within the geographical boundaries of the local health department according to the most current estimate from the Governor's Office of Planning and Budget. At a minimum, this factor will be evaluated after the official Census of the Population is released and four years after the official census is released; and (c) [eighteen percent]18% of the funds are divided among multi[-]county local health departments using a multi[-]county factor made up of two equal parts, as follows: (i) half of the multi[-]county dollar amount[,] is divided by the total number of counties that make up [all ]the multi[-]county local health departments, [the number is ]multiplied by the number of counties in each multi[-]county local health department; and (ii) each multi[-]county local health department's population, based upon population figures provided by the Governor's Office of Planning and Budget, is divided by the total population of [all ]the counties that make up [all ]the multi[-]county health departments, [the number is ]multiplied by half of the multi[-]county dollar amount. (4)(a) [The department may, after consulting with the Governance Committee, alter the formula to address documented need established by valid and accepted data in one or more local health department jurisdictions.]Funds shall go through the formula, unless made exempt by a three-fourths vote of the local health officers. (b) A[t no time can a] local health department may not receive more than ten times the per capita amount calculated under this formula [than]compared to any other local health department. (5) [The Governance Committee may include future funds in the funding formula in cases where the total program funding exceeds $500,000.]The department may, after consulting with the Governance Committee, alter the formula to address documented need established by valid and accepted data in one or more local health department jurisdictions. R380-50-4. Exceptions.
(1)(a) If one or more counties of a multi[-]county local health department withdraws from the multi[-]county local health department pursuant to Subsection 26A-1-122(2), the department shall reallocate [the]any funds allocated to the original multi[-]county local health department, under the formula specified in Section 26A-1-116, among the counties that made up that original multi[-]county local health department. (b) The department may not consider the funds allocated to another local health department[s] for reallocation unless the entire formula is reconsidered.(2) [The department shall assist in this effort to assure an appropriate reallocation of funds. (3) ]The department shall reconsider the [funding ]formula at an appropriate time that assures the integrity of the statewide public health system with no additional interruption to statewide public health efforts. KEY: health, funding formula, local governments
Date of Last Change: [February 7, 2024]2026 Notice of Continuation: October 31, 2022
Authorizing, and Implemented or Interpreted Law: 26A-1-116; 26A-1-122(2)
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