On July 2, 2020, the U.S. Department of Treasury Office of Inspector General (OIG) issued a memorandum providing a glimpse into how it will monitor the receipt, disbursement, and use of financial assistance from the...more
Building upon our prior alerts for the COVID-19 Pandemic, including guidance on eligible medical care costs and alternate care sites, the FEMA streamlined application and specific tips for hospitals and other medical...more
Building upon our prior Alerts summarizing the President's March 13 nationwide emergency declaration for the COVID-19 pandemic and subsequent state and territory specific Major Disaster Declarations, and information provided...more
The President has now approved 56 major disaster declarations under the Stafford Act, one for each of the 50 states, five territories, and Washington, D.C., giving FEMA the authority to reimburse eligible applicants for costs...more
On March 30, 2020, FEMA headquarters issued a memorandum to its Regional Administrators advising that the agency is extending filing deadlines for Public Assistance net small project overrun requests, first and second...more
As the COVID-19 outbreak response intensifies and the number of patients continues to grow, stakeholders are working hard to strengthen the health care community and ensure that sufficient capacity is available to meet the...more
While communities that regularly experience natural disasters like hurricanes, tornadoes, and earthquakes are familiar with FEMA's Public Assistance process, the President's recent declaration of a nationwide emergency under...more
Building upon our prior alert summarizing the effects of the President's March 13 nationwide emergency declaration, we now provide an update on the type of assistance potentially available pursuant to FEMA's Public Assistance...more
On Friday, March 13, 2020, President Donald J. Trump declared a nationwide emergency under the Stafford Act. This unprecedented action allows Federal Emergency Management Agency (FEMA) to provide funding to state and local...more
As the situation continues to unfold, the outbreak of the coronavirus (COVID-19) in the United States is prompting increased federal and state action. There is much confusion regarding the implications of an emergency...more
3/12/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Emergency Management Plans ,
Federal Funding ,
FEMA ,
Health Care Providers ,
Hospitals ,
Municipalities ,
Nonprofits ,
Public Health Emergency ,
Public Schools ,
Qualified Disaster Relief Payments ,
Recordkeeping Requirements ,
Risk Management ,
Social Services ,
State Funding ,
State of Emergency ,
Trump Administration
On January 22, 2020, OMB released proposed revisions to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200. ...more
The Civilian Board of Contract Appeals (CBCA) has published draft rules for the new arbitration option for the Federal Emergency Management Agency's (FEMA) Public Assistance Program. In this analysis, we examine the proposed...more
In January, Baker Donelson published an alert on the Federal Emergency Management Association's (FEMA) Public Assistance Management Costs Interim Policy, FEMA Recovery Policy FP 104-11-2....more
The Disaster Recovery Reform Act of 2018 (DRRA), signed into law on October 5, 2018, is the largest single piece of legislation to impact disaster response and recovery in decades. ...more
As Hurricane Michael continues to have a devastating impact in the Southeast, all of us at Baker Donelson first and foremost extend our thoughts to those affected by this historic storm. With the immediate dangers subsiding,...more
We opened the 2018 hurricane season by issuing an informational alert regarding FEMA's new Alternative Procedures for Direct Administrative Costs (DAC). It appears many stakeholders may have shared our concerns regarding the...more
With the 2018 hurricane season already underway, entities that are eligible for federal assistance through FEMA should prepare by getting up to speed on policy changes including those regarding reimbursement of Direct...more
As we are now more than ten years from the devastation of Hurricane Katrina and five from Superstorm Sandy, many applicants that received federal funding through the Federal Emergency Management Agency's (FEMA) Public...more
As Hurricane Harvey continues to have a devastating impact throughout Southeast Texas, Louisiana and the Southeast, our thoughts are with the hundreds of thousands struggling through this difficult time....more
9/6/2017
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Children's Health Insurance Program (CHIP) ,
Critical Access Hospitals ,
Department of Health and Human Services (HHS) ,
Documentation ,
Federal Grants ,
FEMA ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Home Health Agencies ,
HUD ,
Hurricane Harvey ,
Medicaid ,
Medicare ,
Natural Disasters ,
Public Health ,
Secretary of HHS ,
Skilled Nursing Facility ,
State of Emergency ,
Waivers
At this time, immediate lifesaving response activities have priority. As soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and...more
As impacted public entities and non-profits begin the long road to recovery after Hurricane Harvey, it is critical that they do not overlook or ignore compliance with important regulatory requirements upon which federal...more
Applicants for federal disaster assistance under the various programs administered by the Federal Emergency Management Agency (FEMA) are not without recourse when FEMA denies or determines to later take back (deobligate)...more
On January 25, 2017, President Trump issued Executive Order 13768, "Enhancing Public Safety in the Interior of the United States." The full implications of this broadly written Executive Order are not yet known; however, it...more
Several recent disasters will test the practical implications of a policy update released by the Federal Emergency Management Agency (FEMA) late last year. In issuing Recovery Policy FP-104-009-4, FEMA envisions that...more