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Second Appeal Brief
PA ID# 011-UR14B-00; North Broward Hospital District
PW ID# 985; Eligible Costs-Emergency Protective Measures
Citation: FEMA-1602-DR-FL, North Broward Hospital District, Emergency Protective Measures, Project Worksheet (PW) 985
Summary: In anticipation of Hurricane Katrina, the Applicant increased its hospital staff to ensure uninterrupted service for patients and to provide childcare service for its employees. The Applicant also detailed hospital staff to several area emergency shelters to support emergency sheltering operations. FEMA prepared PW 985 to document emergency protective measures undertaken at four of the Applicant’s hospitals and at three area emergency shelters. FEMA determined that costs totaling $408,167 for force account overtime and for childcare services were ineligible because the unscheduled overtime costs are considered an increased operating expense and the childcare costs were discretionary services provided by the Applicant. On January 11, 2006, FEMA obligated PW 985 for $71,635 to pay for eligible costs, including emergency generator use at the hospitals, ambulance services at the shelters, and overtime hours associated with staffing the shelters.
In its first appeal submitted March 27, 2006, the Applicant stated that increasing hospital staff, as well as locking down its facilities, is required procedure within the Applicant’s medical centers and is necessary in order to provide uninterrupted patient care when anticipating an emergency situation. It further stated that providing childcare for its employees was a necessary expense because schools were closed and many staff had children with no provision for their care. On November 13, 2007, the Regional Administrator denied the appeal reiterating the initial determination that increased operating expenses, which consisted of unscheduled overtime and employee childcare, are ineligible in accordance with FEMA Response and Recovery Policy 9525.4, Medical Care and Evacuations.
The Applicant submitted its second appeal on February 5, 2007, which the State transmitted to FEMA on March 2, 2007. The Applicant reduced the amount of the second appeal from $408,167 to $15,697 for costs associated with hurricane activities.
Issue: Did the Applicant provide sufficient documentation to support its claim for reimbursement of eligible costs incurred?
Rationale: 44 CFR §206.2225, Emergency work