In addition to the Commission's statutory authority pursuant to Health-General Article, §19-2201(e), Annotated Code of Maryland, to award operating grants to qualifying community health resources, the Commission may award temporary emergency grants to an applicant that meets the criteria set forth in this chapter. Temporary emergency grants may be awarded by the Commission only if: The community health resource has encountered an unforeseeable lapse or cessation in otherwise stable funding that threatens an essential service or program serving low-income, uninsured, or underinsured residents within the State; and A temporary emergency grant can provide assistance sufficient to briefly sustain the service or program until stable funding is restored or alternative funding is secured. The amount of funding available for a temporary emergency grant may not exceed $250,000. Temporary emergency funding obtained by a successful applicant shall make the applicant ineligible to apply for emergency funds for a 3-year period following the date of award of the temporary emergency grant. An applicant for temporary emergency funding shall submit to the Commission a letter of request outlining the need for temporary emergency funding. A letter of request shall include the following elements: Information and documentation sufficient to establish the applicant's qualification as a community health resource as specified in COMAR 10.45.05.02, .03, or .04; A brief description of the applicant's mission, programs, and service area; The name, address, and location of the applicant, including the: Name, title, address, telephone number, and email address of the director; and Name and email address of the applicant's contact person; The signature of an individual responsible for conducting the affairs of the applicant and legally authorized to execute contracts on the applicant's behalf; A brief account of the organizational and financial structure of the applicant, including the applicant's: For-profit or not-for-profit status; and Financial stability over the 3-year period prior to the date of application; and The nature of the program or service whose existence or funding is threatened, including: The significance of the program or service to its target group and to the geographic area in which it operates; The customary and usual amount of funds needed to provide the service or operate the program on a monthly, quarterly, or annual basis; The normal or usual funding source or sources for the program or service; The number and area of residence of low income, underinsured, or uninsured persons served by the program or service on a monthly, quarterly, or annual basis; A concise explanation of why the temporary emergency for which funding is sought could not have been anticipated; A concise account of any and all emergency funding requests by the applicant over the past 3 years and the results of those requests; The specific amount of funding requested and the amount of time over which the funding will be expended; A list of all other potential sources of funding, both internal and external, that have been approached by the applicant for this temporary emergency and their responses; A clear explanation of how the requested funds will enable the applicant to stabilize the threatened service or program; and Any other information that the Commission may require on the emergency grant application form. Letters of Request — Commission Review. The Commission may direct staff to review a letter of request and report to: The Committee on Capital and Operational Funding (Committee); The Commission; or Both. Temporary emergency funding requests shall be reviewed on a timely basis as follows: Temporary emergency funding requests submitted from the 1st through 15th of any month shall be preliminarily reviewed by staff prior to the end of the month and forwarded to the Commission, the Committee, or both, within 10 days; or Temporary emergency funding requests submitted from the 16th through the last day of the month shall be preliminarily reviewed by staff prior to the 15th of the succeeding month and forwarded to the Commission, the Committee, or both, within 10 days. Staff Determinations. Staff shall review a request for emergency funding to preliminarily ascertain that: Sufficient information has been provided to determine a community health resource's status; and Sufficient information has been provided concerning the threatened service or program for which funding is being requested. Staff shall alert the applicant to perceived preliminary deficiencies, if any, in the submission and request supplementation as necessary. Upon receipt of the information required as preliminarily determined by staff, the letter of request shall be forwarded to the Committee, the Commission, or both, at the discretion of the Commission chairperson. The Commission's criteria for awarding an emergency grant to a community health resource are as follows: The nature of the temporary emergency situation, including an evaluation of the applicant's inability to anticipate the emergency situation; The essential nature of the threatened program or service to the population served and as part of the provision of essential health care services to the relevant low-income population; The reasonable likelihood of resolution of the temporary emergency situation as a direct result of the requested emergency funds; The reasonable likelihood of the sustainability of the threatened program or service upon the cessation of temporary emergency funding; and The number of emergencies, as that term is described in Regulation .01B of this chapter, for which funding was sought by the applicant in the last 3 years, and the number of instances in which funding was obtained. The Committee on Capital and Operational Funding shall review letters of request in a timely manner to: Ensure that all information as to community health resource status specified in COMAR 10.45.05 has been provided and, if not, request that specific supplements be provided; and Ensure that all information required in the letter of request under Regulation .02B of this chapter has been provided and, if not, request that specific supplements be provided. Following receipt of all necessary information, the Committee shall: Make an initial determination as to whether the applicant qualifies as a community health resource pursuant to the criteria specified in COMAR 10.45.05; Make an initial determination as to whether temporary emergency funds should be provided to the applicant; Make an initial determination as to the amount of temporary emergency funds to be awarded to the applicant; and Forward to the Commission for review: The Committee's recommendation on each of the determinations required by §B(1) — (3) of this regulation; The community health resource's letter of request; and Any supplementary documents. Upon receipt of a recommendation on a request for emergency funding from the Committee on Capital and Operational Funding, or on its own initiative, the Commission shall: Determine whether all necessary information has been made available and, if not, request supplementary information; and Determine whether the applicant qualifies as a community health resource pursuant to COMAR 10.45.05. If the Commission determines that the applicant is not a community health resource, the Commission shall notify the applicant that the applicant is not eligible to receive emergency funding from the Commission. If the Commission determines that the applicant is a community health resource, the Commission shall consider whether the applicant: Has provided information documenting an unforeseeable temporary emergency situation threatening an essential service or program; and Meets the selection criteria specified in Regulation .04 of this chapter. If the Commission determines, consistent with the criteria set forth in §A of this regulation, that the applicant's request does not meet the criteria for award of a temporary emergency grant under this subtitle, the Commission shall notify the applicant of the Commission's decision not to make temporary emergency funds available. If the Commission determines, consistent with the criteria set forth in §A of this regulation, that the applicant's request should receive funding, the Commission shall: To the extent adequate funding is available, determine the: Amount of emergency funds that will be offered to the applicant; and Conditions under which funds will be made available; Direct staff to conduct negotiations with the applicant regarding the specified grant conditions; and Notify the successful applicant of the fact that temporary emergency funds will be made available conditioned on the applicant's acceptance of the terms of the emergency grant agreement. An applicant approved by the Commission for a temporary emergency grant pursuant to Regulation .06 of this chapter shall, in collaboration with the Commission, develop grant specifications concerning: A grant disbursement schedule; Monitoring and evaluation requirements; Data requirements; and The budget that will be impacted by the emergency grant funds. Upon the Commission's approval of grant specifications proposed by the applicant pursuant to §A of this regulation, the Commission shall perfect the temporary emergency grant award according to the terms of the successful letter of request, as modified by the specifications negotiated pursuant to §A of this regulation and agreed to by the Commission and the grantee. In the event the Commission and an applicant are unable to agree on the specifications listed in §A of this regulation, either the Commission or the applicant may withdraw. A grantee under this chapter may use grant funds only for the purposes outlined in the applicant's letter of request unless a change in those conditions has been previously agreed to by the Commission and the applicant in writing. If a grantee fails to abide by the terms of a grant agreement, the Commission may cancel the grant and withhold any or all funds not yet disbursed. The Commission may: By written agreement entered into with an emergency grantee after the award of an emergency grant under this subtitle, modify the terms of the grant agreement; and Conduct audits or otherwise inspect the records, premises, and operations of the grantee to determine whether grant funds are being administered: In a financially responsible manner; and In accordance with the terms of the grant award. The successful grantee, based on being awarded an emergency grant from the Commission, shall sign an agreement not to seek emergency funding from the Commission for a period of 3 years following the date of notification of the grant award. Health-General Article, §§19-2107, 19-2109, and 19-2201, Annotated Code of Maryland Effective date: Regulations .01 — .08 adopted as an emergency provision effective June 1, 2007 (34:13 Md. R. 1149); adopted permanently effective November 5, 2007 (34:22 Md. R. 1977)