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Loss of Revenue for Large Animal Hospital

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1606-DR
ApplicantTexas A&M University
Appeal TypeSecond
PA ID#000-U5MOP-00
PW ID#Project Worksheet 721
Date Signed2008-02-19T05:00:00

Citation:

FEMA-1606-DR-TX, Texas A&M University (Applicant)

Cross-reference:

Eligible Costs

Summary:

The Applicant seeks reimbursement of $114,255.00 for the loss of revenue when the on-campus Large Animal Hospital was closed for use as a surge hospital for critical needs patients evacuated as a result of Hurricane Rita. The Applicant maintains that FEMA mis-applied Response and Recovery Policy 9525.4, Medical Care and Evacuations in determining the project ineligible.

Issues:

Has the Applicant provided specific regulation or policy to support its position that that FEMA’s decision was inconsistent with current policy?

Findings:

No. The Applicant did not reference specific Federal regulation or policy applicable to its circumstance, nor did the Applicant submit additional documentation to support its appeal.

Rationale:

The Robert T. Stafford Disaster Relief and Emergency Assistance Act does not authorize assistance for loss of revenue.

Appeal Letter

February 19, 2008

Mr. Jack Colley
Chief, Division of Emergency Management
Governor’s Division of Emergency Management
P O Box 4087
Austin, Texas 78773

Re: Second Appeal-Texas A&M University, PA ID 000-U5MOP-00,
Loss of Revenue for Large Animal Hospital, FEMA-1606-DR-TX, Project Worksheet 721

Dear Mr. Colley:

This is in response to your letter dated September 25, 2006, which transmitted the referenced second appeal on behalf of Texas A&M University (TAMU). The on-campus Large Animal Hospital was temporarily activated as a surge hospital to meet the critical needs of human patients evacuated as a result of Hurricane Rita. TAMU is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of reimbursement for the loss of revenue.

Project Worksheet 721 was prepared for zero dollars for TAMU’s claim of $114,225.00 because lost revenue is an ineligible cost. TAMU appealed FEMA’s decision explaining that Brazos County Health Department requested that TAMU Veterinary School Large Animal Hospital activate as a temporary surge hospital. By doing so, it reduced the hospital’s ability to provide services to external client animals for a period of 14 days. On April 18, 2006, the Regional Director of the Response and Recovery Division denied the first appeal based on Response and Recovery Policy 9525.4, Medical Care and Evacuation.

In its second appeal dated August 4, 2006, TAMU asserts that the policy was mis-applied and that it requests funding for its loss of revenue.
Loss of revenue is not an eligible cost authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance. Therefore, I am denying the second appeal.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William E. Peterson
Regional Administrator
FEMA Region VI