Immediate Threat

Appeal Brief

Summary Paragraph

As a result of COVID-19, the Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance) (Applicant), requested $116,810.38 in Public Assistance (PA) to reimburse the cost of food provided to staff. The Applicant provided invoices for the food purchases, as well as its food policy which authorized it to expend funds for meals. FEMA prepared Grants Manager Project 709312 to document the Applicant’s claim but denied the project, finding the Applicant did not demonstrate that it met the conditions for the provision of meals as detailed in FEMA policy. The Applicant submitted a first appeal, asserting that the three circumstances listed in FEMA’s policy for the provision of food applied to its situation. The New York State Division of Homeland Security and Emergency Services (Recipient) forwarded the Applicant’s appeal to FEMA with its support. FEMA denied the Applicant’s appeal, finding the three circumstances listed in FEMA’s policy for the provision of meals did not apply. The Applicant submits its second appeal reiterating first appeal arguments, claiming that the conditions experienced during the pandemic were sufficiently severe as to require employees to work abnormal, extended work hours without a reasonable amount of time to provide for their own meals.

Authorities

• Stafford Act § 403(a)(3).
• 44 C.F.R. § 206.225(a).
• PAPPG, at 63.
• City of Miami, FEMA-4486-DR-FL, at 2-3; Palm Beach Cnty., FEMA-4468-DR-FL, at 5; Hillsborough Cnty., FEMA-4486-DR-FL, at 4.

Headnotes

• The provision of meals for employees and volunteers engaged in eligible emergency work is eligible provided certain conditions apply.
  • The Applicant did not provide information directly tying the provision of meals to volunteers engaged in eligible emergency work or demonstrating that its claimed employee meal expenses meet eligibility conditions found in PA policy.

Conclusion

FEMA finds the Applicant has not demonstrated that the costs for employee meals is eligible for PA. Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of New York on March 20, 2020, with an incident period of January 20, 2020, to May 11, 2023. The Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance) (Applicant), a private nonprofit Emergency Medical Services (EMS) provider, requested $116,810.38 in Public Assistance (PA) for employee meal expenses from January 27, 2020 through May 19, 2022. To support its request, the Applicant provided invoices, which showed it purchased meals from restaurants and food from grocery stores, along with supplies, that were used to make meals in-house. Additionally, the Applicant provided its predisaster food policy, which stated that, while on duty, crew chiefs or other department officers were authorized to expend funds for meals at the following rates: breakfast $10.00, lunch $15.00, and dinner $20.00. The Applicant’s food policy also stated that, while away on department authorized business, members were authorized to receive per diem. 

FEMA prepared Grants Manager Project 709312 to document the Applicant’s claim but denied the project in a Determination Memorandum on March 8, 2024. FEMA found that the Applicant’s food policy provided for a per diem type of reimbursement for meals to its employees, which did not comply with FEMA policy, and the Applicant did not demonstrate that the other FEMA policy criteria for the provision of meals were met. 

First Appeal

On April 28, 2024, the Applicant submitted a first appeal, requesting reconsideration of the denial of $116,810.38 for its provision of meals. The Applicant stated that, per its food policy, volunteers on duty at the station did not receive per diem; rather, in accordance with the policy’s established rates, there is a fixed amount which the officer in charge is authorized to spend on food for EMS staff. The Applicant clarified that, while its food policy allows for per diem, this only applies to a staff member working away from the department for authorized business, which was not the case during the COVID-19 disaster. The Applicant claimed that it met the circumstances outlined in FEMA policy regarding the provision of meals.^[1] Specifically, the Applicant claimed that it: (1) provided meals to staff pursuant to its written policy; and (2) the work hours were abnormal and extended and workers did not have a reasonable amount of time to provide for their own meals. The Applicant asserted that the provision of meals was necessary to ensure that staff were available to work around the clock during the pandemic. In a letter dated June 26, 2024, the New York State Division of Homeland Security and Emergency Services (Recipient) forwarded the Applicant’s appeal to FEMA with its support.

In a letter dated December 11, 2024, the FEMA Region 2 Regional Administrator denied the Applicant’s appeal, stating the Applicant had not demonstrated that the three circumstances listed in FEMA’s policy for the provision of meals applied. First, FEMA found that the Applicant’s food policy authorized, but did not require, the provision of meals. Second, FEMA found the Applicant had not provided documentation regarding the severity of conditions to demonstrate that employees were required to work abnormal, extended work hours without a reasonable amount of time to provide their own meals. Finally, FEMA noted that the invoices provided by the Applicant showed that food and water was reasonably available for employees to purchase. 

Second Appeal

In a letter dated February 6, 2025, the Applicant submitted a second appeal reiterating first appeal arguments and adding that its volunteers were engaged in eligible work as already determined by FEMA. The Applicant claims that it met at least one of FEMA’s three criteria for the provision of food which, the Applicant asserts, is all that is required to be eligible for reimbursement. Specifically, the Applicant claims that conditions were sufficiently severe as to require employees to work abnormal, extended work hours without a reasonable amount of time to provide for their own meals. The Applicant states that COVID-19 was an unprecedented worldwide pandemic, and that the abnormal and extended work hours prevented reasonable time for its staff to provide for their own meals. The Applicant states that its call logs with call volume numbers demonstrates the additional demands and unprecedented nature of the response needed to provide EMS during the pandemic. Lastly, the Applicant claims that food was either bought in bulk initially or obtained from local restaurants that were closed but permitted to deliver food. In a letter dated April 7, 2025, the Recipient forwarded the Applicant’s appeal with its support. 

Discussion

FEMA is authorized to provide assistance for emergency protective measures to save lives and protect public health and safety.^[2] Provision of meals, including beverages and meal supplies, for employees and volunteers engaged in eligible emergency work is eligible provided the individuals are not receiving per diem, and one of the following circumstances apply: (1) a qualifying labor policy or written agreement requires provision of meals; (2) conditions are sufficiently severe as to require employees to work abnormal, extended work hours without a reasonable amount of time to provide for their own meals; or (3) food or water is not reasonably available for employees to purchase.^[3] When these criteria are met, FEMA only reimburses the cost of meals that are brought to the work location and purchased in a cost-effective and reasonable manner, such as bulk meals.^[4] FEMA does not reimburse costs related to group outings at restaurants or individual meals.^[5]

The Applicant requests $116,810.38 for employee meal expenses from January 27, 2020 through May 19, 2022. However, the Applicant has not demonstrated that its provision of food meets FEMA’s eligibility requirements. First, the record does not include documentation, such as timesheets, that directly ties the provision of meals to volunteers engaged in eligible emergency work. Second, while the Applicant’s food policy authorizes expenditures for food, it does not require the provision of meals. Third, the Applicant provides generalized statements regarding the severity of the pandemic and the extreme operating conditions but has not provided documentation to demonstrate that employees were required to work abnormal, extended work hours without a reasonable amount of time to provide their own meals during the timeframe claimed, which lasted for more than two years.^[6]

Fourth, the documentation shows that from the end of January 2020, through May 19, 2022, food and supplies were purchased from local restaurants and nearby convenience stores, grocery stores, and big-box stores, which demonstrates that, during the timeframe claimed, food was reasonably available for employees to purchase.^[7] In particular, the Applicant provides invoices from a variety of businesses during the month of February through June 2020, which shows that during the early stages of the pandemic, when generally communities were in lockdown, numerous options were available for employees to purchase food.^[8]

In sum, the Applicant has not demonstrated that it provided food to volunteers engaged in eligible emergency work or that any of the three circumstances listed in the applicable FEMA policy apply. Therefore, the claimed meal costs are ineligible.

Conclusion

The Applicant has not demonstrated that the costs for employee meals is eligible for PA. Therefore, this appeal is denied.