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September 3, 2005, through October 2, 2005. The contract expired on October 2, 2005, but R/WNES continued to provide services through October 17, 2005, on assurances from the State of Louisiana Department of Health and Hospitals (Applicant) that the contract would be extended. FEMA did not extend the contract and R/WNES was not reimbursed for work performed after October 2, 2005, totaling $115,200.
The Applicant submitted a first appeal on November 2, 2007, stating that R/WNES is a PNP organization and that the services provided during that 15-day period are eligible Category B work. The Applicant also stated that FEMA reimbursed R/WNES for the same services under a FEMA contract from September 3, 2005, through
October 2, 2005. Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) supported the Applicant and recommended that the Applicant be allowed additional time to provide eligibility documents and a signed contract. GOHSEP subsequently advised FEMA that the Applicant would not be supplying additional documentation to support its claim. The Regional Administrator denied the first appeal because R/WNES had been advised that the contract would not be extended.
A law firm filed a second appeal on behalf of R/WNES stressing that the R/WNES services are eligible work under emergency protective measures, and that its client relied on assurances from the Applicant that a contract extension would be forthcoming. The appeal does not include new support documentation. The Applicant forwarded the second appeal to GOHSEP with a request that R/WNES be given the opportunity to present oral testimony before FEMA with regards to its appeal.
2. Is FEMA/Applicant legally responsible for the emergency medical services costs?
2. No. FEMA did not extend its contract with R/WNES, and the Applicant did not contract with R/WNES to perform ambulance services beyond October 2, 2005.
Second Appeal Brief
FEMA-1603-DR
PA ID# 000-UHH04-00; Louisiana Department of Health and Hospitals
PW ID# 16831; Ambulance Services
02/18/2009
PA ID# 000-UHH04-00; Louisiana Department of Health and Hospitals
PW ID# 16831; Ambulance Services
02/18/2009
Citation: FEMA-1603-DR-LA, State of Louisiana Department of Health and Hosptials, Contract Costs, PW 16831
Summary:
Following Hurricane Katrina, Rostraver/West Newton Emergency Services, Inc (R/WNES) signed a 30-day contract with FEMA to transport sick and injured patients and special needs evacuees from Orleans, Jefferson, and St. Bernard Parishes to local hospitals and to provide emergency medical services in Louisiana fromSeptember 3, 2005, through October 2, 2005. The contract expired on October 2, 2005, but R/WNES continued to provide services through October 17, 2005, on assurances from the State of Louisiana Department of Health and Hospitals (Applicant) that the contract would be extended. FEMA did not extend the contract and R/WNES was not reimbursed for work performed after October 2, 2005, totaling $115,200.
The Applicant submitted a first appeal on November 2, 2007, stating that R/WNES is a PNP organization and that the services provided during that 15-day period are eligible Category B work. The Applicant also stated that FEMA reimbursed R/WNES for the same services under a FEMA contract from September 3, 2005, through
October 2, 2005. Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) supported the Applicant and recommended that the Applicant be allowed additional time to provide eligibility documents and a signed contract. GOHSEP subsequently advised FEMA that the Applicant would not be supplying additional documentation to support its claim. The Regional Administrator denied the first appeal because R/WNES had been advised that the contract would not be extended.
A law firm filed a second appeal on behalf of R/WNES stressing that the R/WNES services are eligible work under emergency protective measures, and that its client relied on assurances from the Applicant that a contract extension would be forthcoming. The appeal does not include new support documentation. The Applicant forwarded the second appeal to GOHSEP with a request that R/WNES be given the opportunity to present oral testimony before FEMA with regards to its appeal.
Issues:
1. Is R/WNES an eligible applicant?2. Is FEMA/Applicant legally responsible for the emergency medical services costs?
Findings:
1. No. R/WNES is a PNP that provided contracted services and therefore, it is not an eligible applicant and has no appeal rights.2. No. FEMA did not extend its contract with R/WNES, and the Applicant did not contract with R/WNES to perform ambulance services beyond October 2, 2005.
Rationale:
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR § 206.206; 44 CFR § 206.223(3)(b)