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Second Appeal Brief
PA ID# 073-U20OT-00; Palomer Pomerado Health
PW ID# N/A; Work Eligibility
Citation: FEMA-1498-DR-CA; Palomar Pomerado Health
Cross-reference: Increased Administrative and Operating Costs, Extraordinary Medical Care Expenses
Summary: As a result of wildfires Palomar Pomerado Health (Applicant) requested funding for costs associated with the activation of its Code Yellow disaster plan, staffing up its facilities to handle potential additional patient activity due to the fires, and for air monitoring and smoke and ash cleanup. FEMA prepared a draft Project Worksheet (PW) on January 15, 2004, in the amount of $160,280 to fund the costs requested. FEMA returned the draft PW to the State on February 26, 2004, stating that the majority of the costs were ineligible in accordance with Policy 9525.4 Medical Care and Evacuations. Accordingly, FEMA requested that the Applicant review its costs and resubmit the PW by March 30th with only eligible costs. On June 8, 2004, the State submitted a request for PW with a draft PW for reconsideration, and FEMA treated the submittal as a first appeal. FEMA denied the Applicants first appeal of the request for PW because increased operating costs and costs associated with the provision of medical care are not eligible for funding in accordance with Policy 9525.4. At the time the Applicant had not provided sufficient information to determine if the cost for monitoring air quality, and smoke and ash cleanup were eligible. FEMA also stated that the request for PW was submitted past the March 30, 2004, deadline for the submittal of new PWs. In its Second Appeal, the Applicant contends that FEMA denied eligibility of its costs in a mistaken belief that it was a PNP. The Applicant requests reimbursement for the work associated with the Code Yellow Alert ($97,704) and with the smoke and ash cleanup ($62,577).
Issues: (1) Are the extraordinary costs associated with the Code Yellow alert eligible?
(2) Do extenuating circumstances exist which would allow for a late submittal of the PW Request?
(3) Are the costs associated with ash and smoke cleanup eligible?
Findings: (1) No, increased administrative and operational costs are not eligible.
Rationale: Recovery Division Policy Number 9525.4, Medical Care and Evacuations