Applicant Eligibility
SLTT government entities are eligible to apply for PA. Certain PNP organizations are eligible to apply for PA, including those that own and/or operate medical care facilities.
Private for profit entities, including for profit hospitals, are not eligible for assistance from FEMA under PA. SLTT government entities may contract with for profit hospitals to carry out eligible emergency protective measures. FEMA will reimburse the eligible Applicant for the cost of eligible work, and the Applicant will then pay the private entity for the provision of services.
For SLTT governments, evaluating facility eligibility is not necessary for most emergency work. PNPs are generally not eligible for reimbursement for emergency services because they are not legally responsible for providing those services.
PNPs that own or operate a medical or custodial care facility are eligible for:
FEMA can only provide funding for costs that are a result of COVID-19 and above and beyond what the Applicant usually incurs during its normal course of business. See PAPPG at pp. 21-22, and 41-42.
Key questions for Covid-19 eligibility are:
To determine legal responsibility for Emergency Protective Measures, FEMA evaluates whether the Applicant requesting the assistance either had jurisdiction over the area in which work was performed or the legal authority to conduct the activities. In general, an Applicant only has legal responsibility to conduct Emergency Protective Measures within its jurisdiction. If an Applicant conducts Emergency Protective Measures outside its jurisdiction, it must demonstrate its legal basis and responsibility to conduct those activities. See PAPPG at pp. 20-21, and 41-42.
If it is not clear that a direct threat to life, public health or safety exists, or that the activity is necessary to cope with the threat, FEMA may request documentation to demonstrate that the Applicant conducted the activities at the direction or guidance of public health officials.
Work must be necessary as a direct result of the emergency or major disaster (44 CFR §206.223(a)(1)).Costs must be directly related to COVID-19 cases. For example, emergency medical care costs related to a non-COVID-19 illness or injury are not eligible.
Costs for personal protective equipment (PPE) for health care providers who are working in a hospital treating COVID-19 patients are eligible, as it is necessary to prevent further spread of the virus and protect health care workers and other patients.
When the emergency medical delivery system within a declared area is destroyed, severely compromised, or overwhelmed, FEMA may fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care or expanding existing medical care capacity in response to the declared incident. Costs associated with emergency medical care should be customary for the emergency medical services provided. Other eligibility considerations specific to emergency medical care activities as an emergency protective measure under the COVID-19 Declarations are provided in this section.
Eligible Emergency Medical Care Activities When Depend on the Applicant Type (State, County, Local,etc) and their Legal Responsibility for the Emergency Services and Directions from Local and State Public Health Authorities. Eligible emergency response costs may include, but are not limited to the following examples:
Contracts
Equipment
Facilities
Medical Treatment & Actions
Medical Supplies
Medical Transport
Donated Resource
Current FEMA Guidance on Eligibility of Medical Expenses. Prior to the COVID-19 outbreak, FEMA had published guidance on which costs are, and are not, eligible for assistance when "the emergency medical delivery system within declared area is destroyed, severely compromised or overwhelmed."
The guidance emphasizes that FEMA funding is for "extraordinary"situations – which quite clearly describes the COVID-19 outbreak. FEMA's focus is on using funding only for temporary costs created by the declared event,such as "extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors…Costs are eligible for up to 30 days from the declaration date unless extended by FEMA." FEMA's Policy includes examples of eligible and ineligible work and costs and is available here at page 63.
When the emergency medical delivery system within a declared area is destroyed, severely compromised or overwhelmed, FEMAmay fund extraordinary costs associated with operating emergency rooms and with providing temporary facilities for emergency medical care of survivors. Costs associated with emergency medical care should be customary for the emergency medical services provided.
More examples of possible eligible emergency medical costs may include, but not limited to:
Labor
Medical sheltering (e.g., when existing facilities are reasonably forecasted to become overloaded in the near future and cannot accommodate needs)
During this process, it is necessary to get as much funding as possible to cover additional costs incurred by the extra time and effort put forth including the larger quantity of supplies being utilized. The recent passage of the Federal Stimulus Bill had three relief packages, the third of which is The Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on March 25th. Under this package, healthcare organizations have the opportunity to submit their incremental costs to obtain relief funding. These are costs that are in addition to the normal operating costs that are either “COVID-19 related” or “COVID-19 induced”. For example, extra PPE supplies fall into the former and opening new units to cohort non-COVID-19 patients would fall into the latter category.
The good news is that substantial funding is available. However, governmental rules and requirements around this funding will require an extreme degree of specificity, documentation, organization, and comprehensiveness – in order to actually receive this relief funding. This is somewhat akin to clinical documentation. If organizations don’t record their expenditures with sufficient specificity and have the backup data to support the claims, they will not be paid the correct amount, the amount they deserve.
Procurement requirements differ between state versus non-state entities and by normal versus emergency/exigent circumstances. Procurement requirements for the COVID-19 Declarations are:
Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.
Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs
Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process. Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs:
If you accurately track and document COVID-19 response expenditures,
It is essential to consistently use activity/cost codes for COVD19 on all purchases of material, labor, supplies, contracts, services, and equipment that are directly related to responding to the COVID-19 pandemic.
ü The cost coding systems used by your entity will depend on your supporting technology for operations accounting for payroll, materials/supplies, contracts, and purchasing order protocols.
FEMA Public Assistance program is a REIMBURSEMENT program.
Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES
To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.
EMERGENCY COVID-19 RESPONSE FIRST, BUT TRACK & DOCUMENT COSTS
CONSISTENT COST TRACKING AND DOCUMENTATION OF COVID-19 RESPONSE COSTS WILL MAKE A REIMBURSEMENT DIFFERENCE
Emergency responses and urgent public health responses are critical priorities. However, financial disaster recovery from the Covid-19 Pandemic response actions will become an essential budget issue in light of reducing tax revenues and increased demand for services.
Accounting Considerations -Tracking and Managing Coronavirus Recovery Costs
Recognizing the logistical and bureaucratic challenges this unprecedented response effort will bring, FEMA is actively working to develop a simplified application and funding process.
Your experience with the FEMA Public Assistance Covid-19 Simplified Grant Process will be materially less administratively painful with smoother quicker reimbursement of costs, IF YOU
FEMA Public Assistance program is a REIMBURSEMENT program.
Applicants for Public Assistance MUST TAKE IMMEDIATE PROACTIVE ACCOUNTING MEASURES
To help you proactively navigate the complex FEMA programs and track eligible costs incurred, the information available here is provided as a PUBLIC SERVICE so that you and your teams can better track Covid-19 disaster-related costs for financial recovery.
IMPORTANT – ONLY FEMA CAN MAKE ELIGIBILITY AND COST DETERMINATIONS
The current FEMA PA Policy & Procedures Guide provides information on emergency work for traditional natural disasters.
FEMA HQ will most likely provide Covid-19 Disaster Specific Guidance in near future
Exhibit shows each State Emergency Management Agency. NOTE: State agencies and divisions including hospitals and universities have different eligibility issues. State and Territorial governments, including the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands, are eligible Applicants.
To be an eligible applicant, the PNP must show that it has:
Additionally, prior to determining whether the PNP is eligible, FEMA must first determine whether the PNP owns or operates an eligible facility. For PNPs, an eligible facility is one that provides eligible services, including:
State EM Applicants Briefing will provide more specifics for their state but the following helpful examples of eligible PNPs.
Critical PNPs include:
Essential/Noncritical PNPs include:
However, it is important to note that these lists are not exhaustive and there may be other types of PNPs that are potentially eligible.
What work and costs are eligible for FEMA PA Program funding?
Through the PA Program, FEMA provides grant funding for certain categories of emergency work and permanent work, depending on the type of disaster declared. Emergency work includes the following two categories that address an immediate threat:
To be eligible, costs must be:
The COVID-19 national emergency makes federal PA Program funding available for Category B Emergency Protective Measures. Category B Emergency Protective Measures include actions taken before, during and following a disaster to save lives, protect public health and safety, or eliminate immediate threat of significant damage to improve public health and property.[44 C.F.R. § 206.225(a)(3)]
Private entities, including for profit hospitals or restaurants, are not eligible for assistance from FEMA under Public Assistance. However, state, local, tribal, and territorial government entities may contract with private entities to carry out eligible emergency protective measures. In these cases, FEMA will reimburse the eligible applicant for the cost of eligible work, and the applicant will then pay the private entity for the provision of services.
In accordance with sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials may be eligible for reimbursement under category B of FEMA’s Public Assistance program.4 Emergency work is that which is necessary to save lives or protect public health and safety. To be eligible, work must be the legal responsibility of an eligible applicant.5
Measures to protect life, public health, and safety are generally the responsibility of state, local, tribal, and territorial governments. In some cases, a government entity may be legally responsible to provide services and enter into an agreement with a PNP to provide those services (e.g., sheltering or food distribution). In these cases, Public Assistance funding is provided to the legally responsible government entity, which then pays the PNP for the cost of providing those services under the agreement.6
In limited circumstances, essential components of a facility are urgently needed to save lives or protect health and safety, such as an emergency room of a PNP hospital. In these cases, PNPs that own or operate an eligible facility and perform eligible work, such as providing emergency, medical or custodial care services for which they are legally responsible in response to the COVID-19 incident, may be eligible for reimbursement of costs as a Public Assistance applicant.
For PNPs, operating costs (such as patient care and administrative activities) are generally not eligible even if the services are emergency services, unless the PNP performs an emergency service at the request of and certified by the legally responsible government entity. In such case, FEMA provides Public Assistance funding through that government entity as the eligible applicant.
The following types of local governments are eligible Applicants:
While private nonprofit health care organizations can wait to apply, they are encouraged to apply now with their respective states’ emergency management agency. Further, those intending to seek public assistance funding are strongly encouraged to begin documenting every detail about expenses for which they may seek such funds.
Final reimbursement determinations will be coordinated by FEMA and the Department of Health and Human Services (HHS). Note, private for-profit entities, including for-profit hospitals, are not eligible for assistance from FEMA for public assistance funding.
Hospitals, Outpatient Facilities, Rehabilitation Facilities, and Facilities for Long-Term Care Are Eligible for FEMA Public Assistance Funding
Private nonprofit health care organizations (demonstrated by their production of
(1) an effective letter ruling from the Internal Revenue Service granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or
(2) satisfactory evidence from their respective state that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under state law) which own or operate one of the following private nonprofit health care facilities are eligible for public assistance funding (44 C.F.R. 206.221–222):
Hospitals. Hospitals include general, tuberculosis, and other types of hospitals and related facilities, such as laboratories, outpatient departments, nursing home facilities, extended care facilities, facilities related to programs for home health services, self-care units, and central service facilities operated in connection with hospitals. This category also includes education or training facilities for health profession personnel operated as an integral part of a hospital. A medical organization that primarily furnishes home-based care is not considered a hospital under this definition.
Generally, to be eligible for FEMA public assistance funds, the item of work provided by a private nonprofit health care facility must:
Private nonprofit health care facilities are eligible to receive public assistance funding for their emergency work related to COVID-19 or what are known as “category b – emergency protective measures.” Specifically, emergency protective measures taken to save lives, to protect public health and safety, and to protect improved property are eligible for FEMA’s public assistance. Further, in the pertinent part, these emergency protective measures must eliminate or lessen immediate threats to life, public health or safety. 44 C.F.R. 206.225.
Release date: March 26, 2020
Release Number: FACT SHEET
Based on the President’s nationwide emergency declaration for the coronavirus (COVID-19) pandemic on March 13, 2020, tribal governments have the option to request Public Assistance from FEMA as either a Recipient or Subrecipient. This fact sheet provides additional information about the assistance FEMA can provide to tribal governments as either Recipients or Subrecipients during the nationwide COVID-19 emergency and replaces FEMA’s March 22, 2020 Coronavirus (COVID-19) Response: Tribal Recipients Fact Sheet. Additional information on the Federal government’s Coronavirus (COVID-19) Response can be found at: https://www.fema.gov/coronavirus.
Tribal Options for Assistance
FEMA Role in COVID-19 Pandemic Response
Applicant: A non-federal entity that applies to be a Subrecipient of assistance under a Recipient’s
federal award (e.g., local government agency, housing authority, or private nonprofit organization).
Subrecipient: An Applicant that receives a sub-award from a Recipient to carry out part of a federal program.
Recipient: A non-federal entity that receives an award from a federal agency (e.g., state, territorial, or tribal government) to carry out an activity under a federal program.
For more information, visit the following websites:
Related Content:
La Respuesta al Coronavirus (COVID-19): Beneficiarios Tribales
Last Updated:
March 27, 2020 - 18:22