Emergency Medical Care

Summary Paragraph

On October 23, 2009, an explosion at the CAPECO fuel storage facilities caused the Puerto Rican government to activate emergency protective measures.  FEMA wrote Project Worksheets (PWs) 73 and 74 to cover the Applicant’s labor and material costs related to the treatment and vaccinations of the disaster survivors, including injured CAPECO workers and citizens who lived nearby.  FEMA found these costs to be ineligible and denied the PWs, asserting that the Applicant failed to provide backup documentation to substantiate the work.  The Applicant submitted a first appeal for each PW, requesting additional funding in the amount of $229,657.17.  The FEMA Disaster Recovery Manager (DRM) denied both appeals, concluding that the costs were ineligible according to FEMA Disaster Assistance Policy (DAP) 9525.4.  The Applicant then submitted a second appeal of each PW.  In reviewing this matter, it is evident that the DRM applied the 1999 DAP on first appeal.  As this emergency took place in 2009, when the 2008 DAP was in effect, the 2008 policy should have applied. 

Headnotes

• The 2008 Disaster Assistance Policy (DAP) 9525.4 Medical Care and Evacuations, which was in effect at the time of the emergency, delineates “the extraordinary emergency medical care and medical evacuation expenses that are eligible for reimbursement under the Category B, Emergency Protective Measures provision of the Federal Emergency Management Agency's (FEMA) Public Assistance (PA) Program following an emergency or major disaster declaration.”

• DAP 9523.15, Eligible Costs Related to Evacuations & Sheltering, identifies the expenses related to State and local emergency evacuation and sheltering activities that are eligible for reimbursement under the Category B, Emergency Protective Measures provisions of FEMA's PA Program, including the following eligible costs: (1) supplies and Commodities such as food and water, and (2) supplies, including X-rays, laboratory and pathology services, and machine diagnostic tests for the period of time that the evacuee/shelteree is housed in congregate sheltering.