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Second Appeal Brief
PA ID# 011-UN2N0-00; Broward Children's Center
PW ID# 4472-0; Private Nonprofit Eligible Costs
FEMA-1609-DR-FL;Broward Children’s Center; PW #4472-0, Eligible Costs
Private Nonprofit (PNP) Eligible Costs
During Hurricane Wilma, Broward Children’s Center (Applicant), a private non-profit (PNP), incurred overtime labor costs for skilled nursing staff caring for the Applicant’s pre-existing patients. The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) denied $8,727.55 for overtime labor in Project Worksheet (PW) 4472-0. In a letter dated May 11, 2006, the Applicant appealed FEMA’s decision, stating that the requested overtime costs were eligible because these costs were due to emergency protective measures to provide care for pre-disaster patients. The Applicant stated that FEMA Response and Recovery Policy 9525.4, Medical Care and Evacuations
, did not apply to this case because the children that were cared for were pre-disaster patients and not disaster victims. Further, the Applicant stated that the overtime costs were not increased operating costs, as defined in 44 CFR 206.226 and FEMA Policy Digest 321. Finally, the Applicant asserted that such overtime costs were eligible under 44 CFR §206.225 as a provision of emergency care to protect the safety of severely fragile children. In a letter dated October 26, 2006, the Regional Administrator denied this appeal stating that overtime pay for nursing staff at the Applicant’s facility did not come within the eligibility criteria of emergency protective measures in either FEMA Response and Recovery Policy 9525.4, Medical Care and Evacuations
, or FEMA Public Assistance Guide 322. In a letter dated December 19, 2006, the Applicant submitted a second appeal reiterating that FEMA Response and Recovery Policy 9525.4, Medical Care and Evacuations
, does not apply to this case because the Applicant is not requesting reimbursement for increased operating costs. The Applicant is not requesting reimbursement for an increased patient load as a result of an emergency event. Rather, the Applicant requests overtime costs associated with nursing staff that could not go home due to the weather conditions. The Applicant asserts that because of the weather conditions staff work hours became overtime hours.
Are PNP staff overtime costs eligible for reimbursement?
PA Guide (FEMA 322) page 33.