Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Costs and Reimbursement
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Descriptive Note
Federal and state statutes must be reviewed to ascertain their possible
impact on reimbursement provisions. In declared emergencies, for
example, EMAC, Article IX, generally provides that a responding
state is entitled to reimbursement of costs from the receiving state.
Relatedly, the Stafford Act specifies the circumstances under which
federal funds may be available, and prescribes the steps necessary
to secure reimbursement.
Optional sample provisions
Agreeing to provide aid without reimbursement:
- The Parties to this Agreement agree to provide the support
and services specified in this Agreement on a gratuitous basis,
with no expectation of direct reimbursement by the other Party.
To the extent that any third-party payor, such as the United
States Government, has funds or processes available for reimbursement
of a Party’s activities under this Agreement, the Parties agree
to cooperate fully with one another in submitting any appropriate
claim(s) for reimbursement and providing copies of records necessary
to submit claims.
- Equipment, personnel, and/or services provided pursuant
to this Agreement shall be at no charge to the Party requesting
aid; however, any expenses recoverable from third parties shall
be equitably distributed among responding Parties. Nothing herein
shall operate to bar any recovery of funds from any state or
federal agency under any existing statutes.
Providing reimbursement to the responding party:
- Any responding Party rendering aid pursuant to this Agreement
shall be reimbursed by the Party receiving such aid for any
loss or damage to, or expense incurred in the operation of any
equipment and for the cost of all materials, transportation,
wages, salaries and maintenance of personnel and equipment incurred
in connection with such request. Nothing contained herein shall
prevent any responding Party from assuming such loss, damage,
expense or other cost or from donating such services to the
receiving Party without charge or cost.
Providing reimbursement after a prescribed period of donated aid:
- No charges will be levied by a responding Party to this
Agreement unless assistance continues for a period of more than
48 hours. If assistance provided under this agreement continues
for more than 48 hours, the Responding Party will submit to
the Requesting Party an itemized bill for the actual cost of
any assistance provided after the initial 48 hour period, including
salaries, overtime, materials and supplies and other necessary
expenses; and the requesting Party will reimburse the Party
providing the assistance for that amount. Charges are not contingent
upon the availability of federal government funds.
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