Ineligible Costs – Immediate Threat

Immediate Threat

HEADNOTES

FEMA is authorized to provide PA funding for emergency protective measures to save lives, to protect public health and safety, and to protect improved property. The Applicant incurred costs as a result of the incident, however, these additional costs were not emergency protective measures to save lives or protect public health and safety. Increased costs of operating a facility or providing a service are generally not eligible, even when directly related to the incident. (1) Patient care is a cost that the Applicant would incur regardless of evacuation; (2) while the costs for food and lodging for hospital staff were not normal, they were part of the increased operating expenses of patient care; (3) the costs to keep the evacuated facility open after evacuation are also increased operating expenses.

CONCLUSION

The costs incurred by the Applicant for labor, housing staff and patients, meals, commodities for patients, and costs to keep the evacuated facility open are increased operating expenses and, therefore, ineligible costs. Accordingly, the second appeal is denied.

AUTHORITIES

Stafford Act § 403(a) 44 C.F.R. § 206.225(a) PAPPG v3.1, at 42, 57, 60, 61 FEMA Second Appeal Analysis, Louisiana Department of Public Safety and Corrections, FEMA 4277-DR-LA, at 3 (Sept. 4, 2019).

44 C.F.R. § 206.225(a)
Ineligible Costs – Immediate Threat