FEMA Public Assistance Appeal: Duplication of Benefits – Insurance

PA ID# 117-UWTYU-00; Seminole Community College

Facts: The Applicant submitted a second appeal, arguing that its agreement with Florida College System Risk Management Consortium was a means to pool funds with other colleges, not an insurance policy, and any payments received from FCSRMC were the Applicant’s own money. The FEMA Region IV Regional Administrator denied the appeal.  FEMA found that FCSRMC acted as an insurer and was obligated to reimburse the Applicant for any costs exceeding a $10,000.00 deductible, which FEMA had already reimbursed under another PW; any additional Public Assistance funding for the project was a duplication of benefits.

Conclusion: The terms of the Applicant’s agreement with Florida College System Risk Management Consortium demonstrate that it is an insurance pool.  Approval of additional PA funding would constitute a duplication of benefits and is prohibited by the Stafford Act.  The appeal is denied.

Headnote: FEMA cannot provide assistance for disaster-related losses that would duplicate benefits available to an applicant from another source, including insurance.  When two or more entities agree to share risk under a contractual agreement, FEMA defines the agreement as an insurance pool.

• The policy with FCSRMC is a contractual agreement that indemnifies the Applicant in the event of loss by obligating FCSRMC to provide payment for damages.

• Consequently, FEMA’s reduction of funding under PW 773 was proper, as FCSRMC was responsible for reimbursing the Applicant’s costs to repair disaster-related damages, including the costs on appeal.

Read FEMA’s Full Analysis Here

Out-of-State Medical License Permissions for COVID-19

On March 14, 2020, Governor Abbott directed both the Texas Medical Board (TMB) and the Texas Board of Nursing (TBN) to fast-track temporary licensing of “out-of-state physicians, physician assistants, certain retired physicians, nurses, and other license types” so they can assist with COVID-19 response.

Out of State Medical Licenses: Pursuant to 22 Tex. Admin. Code §§172.20 & 172.21, TMB allows out-of-state physicians (and other professionals regulated by the TMB) to obtain a temporary license, limited emergency license, or hospital-to-hospital credentialing within the disaster declaration period (as applicable). Specific requirements are found on the TMB website.

Recently Retired Physicians: Pursuant to 22 Tex. Admin. Code §166.3, the TMB is inviting physicians to return to apply for a return to active status if they are: (a) Texas residents and (b) have had their licenses in an “official retired status” for less than two-years ret. Tpecific requirements are found on the TMB website.

Nurses: Pursuant to Tex. Gov’t Code §418.171, out-of-state nurses both licensed and in good standing in another state are not required to hold a Texas license in to practice nursing in a disaster relief effort operation setting. Specific requirements are found on the TBN website.

Read the Full Press Release Here

Texas has waived select regulatory controls over the commercial trucking in the state due to COVID-19.

Three sets of statutes are suspended, subject to federal law and DMV safety limitations:

• The oversize and overweight permitting requirements under Tex. Trans. Code Ch. 621-623 and 43 Tex. Admin. Code Ch. 219 for all divisible and non-divisible vehicles and loads;
• The International Registration Plan (IRP) vehicle registration under Tex. Trans. Code § 502.091 and 43 Tex. Admin. Code § 217.56, as long as the vehicle is registered in one of the 48 U.S. contiguous states; and
• The 72-hour and 144-hour temporary registration permits under Tex. Trans. Code § 502.094 and 43 Tex. Admin. Code § 217.40(b)(3), as long as the vehicle is registered in a U.S. state.

Read The Press Release Here

Major Disaster Declaration for Wisconsin

FEMA announced that federal disaster assistance has been made available to the state of Wisconsin to supplement state and local recovery efforts in the areas affected by severe winter storm and flooding from Jan. 10-12, 2020.

Visit the FEMA Declaration Site by Clicking Here

Read Press Release by Clicking Here

FEMA Public Assistance Appeal: Debris Removal – Support Documentation

PA ID# 153-03950-00; City of Bellevue

Conclusion: The Applicant did not document its work such that FEMA can separate the costs of eligible work along the improved trail from the ineligible debris removal performed in Lot 473.  Accordingly, the appeal is denied.

Headnote 1: 44 C.F.R. § 206.224 permits Public Assistance funding for debris removal when it is necessary to: 1) eliminate immediate threats to life, public health, and safety, or 2) eliminate immediate threats of significant damage to improved public or private property.  Debris removal from natural, unimproved land, such as heavily wooded areas and unused areas, is not eligible. The Applicant removed all vegetation from Lot 473.  The Applicant’s work removing hanging limbs and trees leaning over the improved Daniel Trail is potentially eligible, but its documentation does not distinguish between this eligible work and ineligible work removing debris from unimproved areas of Lot 473.  Therefore, because FEMA cannot distinguish between eligible and ineligible work, FEMA cannot fund the debris removal work in Lot 473.

Link: https://www.fema.gov/appeal/356206

PA ID# 013-UVZOO-00; Blackhawk Geologic Hazard Abatement District 

Date of Appeal: January 10, 2020

Conclusion: The Applicant does not have the legal responsibility to perform the work.  The Applicant also failed to obtain prior approval from FEMA for private property debris removal.  Additionally, the work performed does not meet eligibility requirements for emergency protective measures on private property.  Accordingly, the Applicant’s second appeal is denied.

Headnote 1: Section 407 of the Stafford Act authorizes FEMA to fund the removal of debris from private property, if specific criteria and requirements are met, including pre-approval. The Applicant did not request or obtain prior approval from FEMA, as required.

Headnote 2: 44 C.F.R. § 206.223(a)(3) states that for an applicant to be eligible for PA funding, it must be legally responsible for the work. The Applicant does not own any property within its boundaries and has not demonstrated legal responsibility for permanent repairs.

Headnote 3: The PAPPG states the applicant must demonstrate a widespread threat to the general public’s health and safety to receive funding for emergency protective measures on private property. The Applicant demonstrated a limited threat to certain private properties rather than a widespread threat to the general public’s health and safety.

Link: https://www.fema.gov/appeal/356211

“After Harvey, some appraisal districts gave exemptions for damaged or destroyed homes, but others did not. House Bill 492 requires all appraisal districts to make an ad volorem…exemption after a disaster declared by the governor.”

Read More Here: https://www.houstonchronicle.com/neighborhood/bellaire/news/article/How-a-new-tax-law-may-benefit-Texas-homeowners-14953395.php?fbclid=IwAR2M0vseGn4LbmziWNlf-bb58d7_An4bC3yxBj1r-lxi1lN2s40RWcHIFjI

“Bexar County Emergency Services District 5 officials say a planned 2,200-acre annexation by the City of San Antonio could hinder their ability to provide fire and emergency medical services, KSAT reported.”

Follow this link to read more: https://texasmonitor.org/bexar-county-emergency-services-district-fighting-san-antonio-annexation/?fbclid=IwAR2QQbNX8SQ7Ue7TVhXa4SvsKqmAiVVUI_gEmIGt-PXe_rd_HzctmJW0-rU

Texas Senate Bill 7 goes into effect Jan. 1, 2020 providing a rainy day fund to help local governments with matching federal funds.

Read More Here: https://valleycentral.com/news/local/new-texas-laws-go-into-effect-jan-1-2020-affecting-rgv-residents-flooding-etc?fbclid=IwAR2h8QS-zglBMc_uLKoUoSsHPtApTHdut53Yk0Ado51rDhF_gBi_Tim3AyA