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Second Appeal Brief
PA ID# 086-U7KTQ-00; Mount Sinai Medical Center
PW ID# 9137; Applicant Eligibility
Citation: FEMA-1609-DR-FL; Mount Sinai Medical Center; Applicant Eligibility, PW 9137
Cross - Applicant Eligibility, Emergency Protective Measures
Summary: In response to Hurricane Wilma, Mount Sinai Medical Center (Applicant) incurred costs for activating its facility as a Medical Maintenance Facility. The Applicant entered into a Memorandum of Understanding (MOU) with the Miami-Dade Office of Emergency Management (OEM) prior to the disaster. The Applicant’s facility was intended to maintain the health, safety, and well being of individuals who were dependent on oxygen or electricity dependent during a disaster. On January 22, 2007, FEMA prepared PW 9137 for $160,040 to reimburse the Applicant for force account labor. At final inspection, FEMA disallowed all cost associated with PW 9137 because the work was considered an increased operating expense.
In its first appeal submitted on April 30, 2010, the Applicant requested that FEMA reinstate the reduction of assistance. The Applicant claimed it was operating as a special needs shelter under the MOU with the OEM. On September 30, 2010, the Regional Administrator denied the appeal because the Applicant was not eligible to apply for FEMA funds as the requesting entity under FEMA’s Mutual Aid Policy.
The Applicant submitted its second appeal on October 29, 2010, claiming its facility was operating as a subsection of the OEM and is eligible for reimbursement.
The Applicant has not provided documentation that the medical facility is in fact part of the OEM or is eligible to apply for disaster assistance as the eligible applicant.
Issue: Is the Applicant eligible to apply for disaster assistance for emergency protective measures as an agency of the OEM?
Finding: No. The Applicant is not eligible to apply for disaster assistance because it was under the operational control of the OEM. The OEM must be the requesting entity for FEMA assistance.
Rationale: 44 CFR §206.223(a)(3) General Work Eligibility; DAP9523.6, Mutual Aid Agreements for Public Assistance, dated September 22, 2004; FEMA Public Assistance Guide (FEMA 322), Eligibility, page 33, dated October 1999.