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Second Appeal Brief
PA ID# 081-71000-00; City of Stroud
PW ID# 4284; Stroud Memorial Hospital
Citation: FEMA-1272-DR-OK, PW 4284, Stroud Memorial Hospital
Cross-reference: Eligible damage, Disaster-related damage, Insurance
Summary: In May 1999, a tornado damaged the roof of the Stroud Memorial Hospital. FEMA prepared PW 4284 for $0 because the hospital had insurance for the disaster-related damages. In May 2001, the City requested that FEMA reimburse the costs for upgrades performed to the Nurse Call System, Medical Gas System and changes to patient rooms and bathrooms to comply with the Americans with Disabilities Act (ADA). These costs were not covered by the hospitals insurance. FEMA denied the request because these systems were not damaged by the disaster. The Regional Director denied the first appeal because it was not submitted pursuant to 44 CFR §202.206 and because the upgrades were not the direct result of the disaster. The State does not support the Citys appeal because the City has not presented any information to support its claim that the Nurse Call System, Medical Gas System and patient rooms and bathrooms were damaged by the disaster.
Issues: (1) Were the Nurse Call System and Medical Gas System directly damaged by the disaster? (2) Did the repairs to the hospital trigger ADA upgrades to the hospital?
Findings: (1) No. (2) No. The City did not submit sufficient justification to support its claim.
Rationale: 44 CFR § 206.223; 44 CFR § 206.226(b); Response and Recovery Policy 9525.5.