FEMA Public Assistance: Developments and Deadlines for Healthcare Providers to Know

Healthcare providers across the country have incurred and continue to incur significant costs related to their response to the COVID-19 public health emergency (PHE). When federal relief funds are beginning to run dry, it is important for eligible providers to be aware of reimbursement opportunities under the FEMA Public Assistance (PA) program.

This article (1) provides a brief background on the FEMA PA Program (based on previous information and analysis provided in our articles). Fundamentals of FEMA Public Assistance Program Funding for the COVID-19 PandemicAnd the FEMA Public Assistance Program: COVID-19 Update And the FEMA Public Assistance Program: New Temporary Policy Applicable to Work Qualifying for COVID-19); (ii) provides an update and schedule for the applicable federal cost sharing to eligible costs; and (3) discusses FEMA’s recent draft policy that would establish important future deadlines for the submission of Public Assistance Requests (RPAs).

FEMA PA Background on COVID-19 PHE

On March 13, 2020, President Donald Trump issued a declaration of a national emergency relating to the outbreak of the novel coronavirus disease (COVID-19),1 Invoking the National Emergency Law2 And Robert T.’s Law. Stafford Disaster Relief and Emergency Assistance (Stafford Act).3 These declarations, including those issued subsequently for each state, authorize FEMA to provide funding to eligible applicants under FEMA’s PA Program for Class B Emergency Protection Measures taken in response to the COVID-19 pandemic. Through its PA program, FEMA provides assistance to states, territories, tribes, local governments, and some private nonprofit organizations, such as hospitals.

Federal cost share update

Historically, the share of the federal cost of reimbursement under FEMA’s PA program has never been less than 75% of the eligible costs incurred by the PA applicant, as required by Stafford Act. However, on February 3, 2021, at the direction of President Joe Biden, FEMA announce that the share of the federal cost for the COVID-19 emergency has been increased from 75% to 100% for eligible costs incurred from the start of PHE on January 20, 2020 through September 30, 2021. On November 10, 2021 and March 1, 2022, FEMA issued press release And the Advisor Extending the time period for a 100% federal cost share to July 1, 2022. However, recently, as a result of the enactment of a law Consolidated Appropriations Act 2022Reimbursement for eligible costs incurred from July 2, 2022 through the end of the accident period will be reduced to 90% of the federal cost share.

FEMA Draft Policy: Upcoming Deadlines for the Palestinian Authority Program

FEMA recently released a draft policy for public comment, Coronavirus (COVID-19): Deadlines for the Public Assistance Program, that (i) will establish FEMA PA programmatic deadlines across all major COVID-19 emergency and disaster declarations, and (ii) provide information about the application of 100% and 90% of applicable federal cost quotas to FEMA PA reimbursement for COVID-19 cases Emergency. Public comment on the draft policy was scheduled for 24 May 2022. As a result, this new policy is expected to become effective in the near term.

Preparing and submitting an RPA to FEMA to confirm your eligibility to receive PA funding is a prerequisite for submitting a simplified project application for reimbursement. RPAs are typically required to file within 30 days after a federal declaration of disaster is created or the incident period has expired, whichever comes later.4 However, due to the unique nature of PHE’s current COVID-19 announcement, on March 21, 2020, FEMA they expanded This requirement remains open for the duration of PHE unless an appropriate previous deadline.

It is important to note that the proposal policy project will establish a July 1, 2022 RPA submission deadline for all COVID-19 announcements. In addition, the draft policy will put a December 31, 2022 Deadline for submitting the simplified project application for work completed within the time frame January 20, 2020 to July 1, 2022. No deadline has been set for identifying and reporting COVID-19 emergency work after July 2, 2022, at the 90% level of the federal cost share.

Additionally, as a result of the change in the federal cost share, the draft policy requires applicants to submit applications that separates costs incurred between January 20, 2020 and July 1, 2022 (which will be reimbursed at the federal cost at 100% participation level), from costs incurred on July 2, 2022 , and thereafter (which will be reimbursed at 90% of the federal cost level).

If you believe your organization may be eligible for FEMA PA funding, you are encouraged to visit the FEMA website to locate the local agency responsible for working with grant applicants to confirm eligibility and begin the RPA process.

Please contact Meghan McNamara at mmcnamara@manatt.com with any questions about FEMA funding. The agency is one of many resources available to help mitigate the financial impact of COVID-19. Manatt’s multidisciplinary healthcare, corporate, and finance team can guide you in identifying, applying, and accessing funds that your organization is eligible for.

1 https://www.govinfo.gov/content/pkg/DCPD-202000156/pdf/DCPD-202000156.pdf; https://trumpwhitehouse.archives.gov/presidential-actions/proclamation-declaring-national-em Emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/.

2 50 USC §§ 1601 et seq.

3 42 USC §§ 5121 et seq.

4 We see FEMA Public Assistance Program and Policy Guide (PAPPG) (p. 24).