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Public Assistance FEMA

Baker Donelson

FEMA Now Accepting Comments on Changes to its Public Assistance Program

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Here Ye! Here Ye! Major changes to federal regulation and policy are happening now! FEMA's new proposed policy guide is open for public comment through August 16 AND comments to FEMA's proposed changes to 44 Code of Federal...more

Baker Donelson

2024 Hurricane Season: Top Ten Tips

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We are one month into the 2024 Atlantic Hurricane Season and already have our first named storm, with significant impacts across some portions of the Gulf States. We have seen a Governor declared emergency in Texas and a...more

Baker Donelson

Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution

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Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more

Bradley Arant Boult Cummings LLP

FEMA Public Assistance Arbitrations at the CBCA

The Federal Emergency Management Agency (FEMA) provides funding to eligible applicants under the Public Assistance (PA) program to help applicants in responding to and recovering from presidentially declared major disasters...more

Baker Donelson

Don't Take FEMA Closeout Deobligations Lying Down

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As the 2023 Hurricane season continues, the depleting Disaster Relief Fund isn't the only thing that participants in FEMA's programs should be concerned about. The increased focus on the rising costs of disasters and the...more

Baker Donelson

Hurricane Season is Here – Are You Ready for FEMA Funding?

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When a hurricane or other natural disaster hits, public and private non-profit entities often look to the Federal Emergency Management Association (FEMA) for financial assistance. But obtaining and keeping FEMA Public...more

Baker Donelson

Recent Trends in FEMA COVID-19 Appeal and Arbitration Decisions

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Recent Federal Emergency Management Agency (FEMA) second appeal decisions and United States Civilian Board of Contract Appeal (CBCA) arbitration decisions indicate that FEMA is narrowly construing its policy language...more

Baker Donelson

Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate

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In June, FEMA issued a second appeal decision that seemed incorrect, so we looked into it. The decision – available here – denied a Public Assistance second appeal filed by the East Boulder County Water District (District),...more

Baker Donelson

Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears

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Many of us can recall the famous tale of "Goldilocks and the Three Bears": A girl wanders into a home and tries multiple things, rejecting them until she finds the one that is just right. Appealing an unfavorable FEMA Public...more

Baker Donelson

COVID-19 PANDEMIC: Extension of PHE and Impact to FEMA Claims

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On October 13, 2022, the Secretary of the U.S. Department of Health and Human Services (HHS), Xavier Becerra, once again renewed the declaration of a Public Health Emergency (PHE) under the Public Health Service Act due to...more

Baker Donelson

Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance

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It has now been two weeks since Hurricane Ian made its historic landfall on the west coast of Florida as a Category 4 hurricane, tying with several other storms as the fifth-strongest hurricane on record to make landfall in...more

Baker Donelson

New FEMA Clarification Regarding Codes & Standards Requirements

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On September 28, 2022, FEMA issued a memorandum to Regional Administrators clarifying the agency's 2019 list of approved codes, specifications, and standards that may be required for Public Assistance-funded projects. This...more

Adams and Reese LLP

Hurricane Ian Federal Disaster Recovery Funding

Adams and Reese LLP on

On September 28, 2022, Hurricane Ian, a catastrophic Category 4 storm with winds topping 140mph and a storm surge of up to 18 feet made landfall on the western coast of Florida near Cayo Costa, Florida. The following day,...more

Baker Donelson

Hurricane Ian: Preparing for Public Assistance

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Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it continues to wreak havoc on the State of Florida. At this time, safety of residents, search and rescue, and support of critical...more

Baker Donelson

DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals

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On September 6, 2022, FEMA publicly released its "Proposed Approach" for dealing with the potential duplication of benefits (DOB) of patient care revenue to public assistance grants. Before this date, FEMA policy statement on...more

Baker Donelson

FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold

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The Federal Emergency Management Agency (FEMA) recently revised its regulations regarding the Public Assistance (PA) program that provides grants to state, local, tribal, and territorial governments, as well as eligible...more

Manatt, Phelps & Phillips, LLP

FEMA Public Assistance Program: Developments and Deadlines Health Care Providers Need to Know About

Health care providers across the country have incurred and continue to bear significant costs related to their response to the COVID-19 public health emergency (PHE). As federal Provider Relief funds begin to dry up, it is...more

Baker Donelson

FEMA Seeks Public Comment on Proposed Public Assistance COVID-19 Policy on Deadlines and Overlapping Sources of Funding

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FEMA is now accepting public comment on its draft Coronavirus (COVID-19) Pandemic: Public Assistance Programmatic Deadlines policy. With respect to DEADLINES, the policy would, among other things: Confirm all Requests...more

Baker Donelson

BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims

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On April 1, 2022, new information was released regarding the final date that Federal Emergency Management Agency (FEMA) will accept new applicants into its Public Assistance (PA) Program and setting a deadline for submission...more

Baker Donelson

UPDATED: President Biden Extends 100 Percent Cost Share for COVID-19 Public Assistance

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On March 1, 2022, President Joe Biden extended the 100 percent federal cost share for Public Assistance through July 1, 2022. In a subsequent advisory announcement from FEMA, the agency announced that after that date, the...more

Baker Donelson

Direct Result of a Disaster

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The Federal Emergency Management Agency (FEMA) provides funding under its Public Assistance (PA) program to eligible applicants (states and territorial governments, tribal governments, local governments and certain private...more

Baker Donelson

Changes to FEMA's Public Assistance Appeals and Arbitrations Regulation Go Into Effect January 1, 2022

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The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more

Baker Donelson

Anatomy of a FEMA Appeal

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An applicant's right to appeal an adverse Federal Emergency Management Agency (FEMA) Determination can be found in Section 423(a) of the Stafford Act, as implemented by FEMA in 44 C.F.R. § 206.206. Paragraph 206.206(a)...more

Baker Donelson

New FEMA Thresholds and Indicators for Fiscal Year 2022

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The Stafford Act and Federal Emergency Management Agency (FEMA) regulations require FEMA to adjust several programmatic thresholds and indicators each year to reflect changes in the Consumer Price Index for All Urban...more

Baker Donelson

President Biden Extends 100 Percent Cost Share for COVID-19 Public Assistance

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On November 9, 2021, President Joe Biden extended the 100 percent federal cost share for Public Assistance through April 1, 2022. This may indicate that the incident period and period of performance for the COVID-19 disasters...more

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