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Emergency Medical Evacuations

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1606-DR
ApplicantTexas Department of State Health Services
Appeal TypeSecond
PA ID#000-U0109-00
PW ID#Project Worksheet 3692
Date Signed2008-09-02T04:00:00

Citation:     FEMA-1606-DR-TX, Texas Department of State Health Services, Emergency Medical Evacuations, Project Worksheet (PW) 3692

Summary:    PHI, Inc. submitted a second appeal of FEMA’s denial of funding for emergency evacuation costs incurred in response to Hurricane Rita. The Texas Department of State Health Services forwarded this appeal to FEMA on PHI, Inc.’s behalf. PHI, Inc. is not an eligible applicant.

Issues:      Is a private provider of emergency services an eligible applicant?                

                 No.

Rationale:   44 CFR §206.201(a)

Appeal Letter

September 2, 2008

Philip Anders
Alternate State Coordinating Officer
Division of Emergency Management
Office of the Governor
Hurricane COF
5425 Polk Street, Mail Slot O
Houston, Texas 77023-1423

Re: Second Appeal–Texas Department of State Health Services, PA ID 000-U0109-00, Emergency Medical Evacuations, FEMA-1606-DR-TX, Project Worksheet (PW) 3692

Dear Mr. Anders:

This letter is in response to your letter dated February 4, 2008, which transmitted the referenced second appeal that was submitted by PHI, Inc., a contractor for the Texas Department of State Health Services (Applicant), following the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for medical evacuation costs incurred in response to Hurricane Rita in September 2005. The Applicant forwarded PHI’s letter, but did not state its own position or provide the appeal justification as required by 44 CFR §206.206(a).

Pursuant to 44 CFR 206.202 only State agencies, local governments, and certain private nonprofit organizations are eligible for funding under the Public Assistance program. In accordance with CFR §206.206, the Applicant was eligible to appeal the denial of PW 3692 within 60 days of notification of FEMA’s decision. However, PHI, a private provider of emergency helicopter transportation services, is not an eligible applicant and does not have the right to appeal.

Please inform the Applicant of my decision. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William Peterson
Regional Administrator
FEMA Region VI