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HomeHealth LawHurricane Ian: Public Help Funding Prolonged for Sure Well being Care Services...

Hurricane Ian: Public Help Funding Prolonged for Sure Well being Care Services in Florida | Blogs | Well being Care Regulation As we speak



Well being care amenities and sure different nonprofits have new alternatives for Federal public help funds, however they have to act shortly. On October 4, 2022, President Biden amended the Hurricane Ian Main Catastrophe Declaration for the State of Florida, growing the extent of Federal public help funding accessible for particles elimination and emergency protecting measures. The modification additional extends the provision of such funding with out cost-share for an extra 30 days. Now, eligible candidates have 60 days from September 23, 2022 to file purposes for Federal public help.

In case your well being care facility is recovering from the results of Hurricane Ian, contemplate whether or not chances are you’ll be eligible to use for the Federal Emergency Administration Company’s (FEMA’s) Public Help Program:

FEMA Public Help Program

The FEMA Public Help Program (the PA Program) is accessible to help State, Native, Territorial or Tribal (SLTT) governments and sure sorts of personal nonprofit (PNP) organizations shortly reply to and get better from Presidentially declared main disasters and emergencies, by the availability of Federal grants for eligible tasks.

Well being Care Services Eligible for FEMA Public Help

Each public (amenities run by state, native, tribal, or territorial governments) and sure PNP well being care amenities are eligible FEMA Public Help candidates. For a non-public nonprofit well being care facility to be an eligible PNP applicant for Federal public help funding, it should present that on the date of catastrophe declaration, it had an efficient ruling letter from the U.S. Inside Income Service granting the well being care facility tax exemption beneath part 501(c)(3) of the Inside Income Code,1 or documentation from the State substantiating that the well being care facility is a non-revenue producing, nonprofit entity organized or doing enterprise in accordance with State regulation. 44 C.F.R. § 206.221(f). 

To be eligible for Federal public help funding a PNP well being care facility should additionally present that it gives emergency medical care, together with prognosis or remedy of psychological or bodily damage or illness in:

  • clinics,
  • dialysis amenities,
  • in-patient care amenities for convalescent or persistent illness sufferers,
  • hospices and nursing properties,
  • hospitals and associated amenities (similar to central service amenities operated in reference to hospitals, extended-care amenities, amenities associated to packages for home-health providers, laboratories, self-care models, and storage, administration, and information areas),
  • Lengthy-term care amenities,
  • Outpatient amenities,
  • Rehabilitation facilities.2

Moreover, sure PNP amenities that present alcohol and drug remedy and different rehabilitation providers, assisted dwelling, or custodial care may be eligible to use for Federal public help funding, even when they don’t present direct medical care.3

Classes of Work Eligible for FEMA Public Help

If an applicant is eligible to obtain Federal public help funding, FEMA might pay the applicant for emergency work or everlasting work that’s required on account of the declared incident, situated inside the space designated within the Presidential emergency or main catastrophe declaration, and the obligation of the eligible applicant. 44 C.F.R. § 206.223(a). Emergency work tasks handle quick threats ensuing from the declared incident together with particles elimination and emergency protecting measures. Emergency protecting measures are work crucial to right away defend public well being and security or to eradicate or reduce a direct risk of extra harm, together with medical care and transport. Everlasting work, alternatively, addresses harm attributable to the declared incident and is meant to revive a facility to its pre-disaster design and performance in accordance with relevant codes and requirements, together with facility repairs and mildew remediation. FEMA may present public help funding for hazard mitigation. Stafford Act § 406(e), 42 U.S.C. § 5172; 44 C.F.R. § 206.226(e).

The Main Catastrophe Declaration for Hurricane Ian in Florida approves each emergency work and everlasting work for public help funding, in sure counties. An inventory of the classes of labor eligible for Federal public help funding in every county is accessible right here.

Price Share

FEMA at present funds public help eligible particles elimination and emergency protecting measures in response to Hurricane Ian at 100% of the whole eligible prices and all different approved public help eligible tasks at 75% of the whole eligible prices. As such, FEMA can pay the total value of any public help eligible particles elimination and emergency protecting measures. FEMA can pay 75% of the price of all different approved public help eligible tasks, together with approved everlasting work tasks, with the expectation that the general public or PNP well being care facility can pay 25% of such prices.

When you assume chances are you’ll be eligible to use for Federal public help funding and have eligible emergency or everlasting tasks, we suggest that you just submit your utility as quickly as doable. As of the date of this writing, purposes for Federal public help to answer harm from Hurricane Ian in Florida are due 60 days from September 23, 2022.

Foley is right here that will help you handle the short- and long-term authorized impacts of disasters in your facility. We have now the sources that will help you navigate the vital authorized concerns associated to enterprise operations and industry-specific points. Please attain out to the authors, your Foley relationship accomplice, or our Well being Care Observe Group with any questions.



1 Services may be eligible if they’re tax exempt beneath 26 U.S.C. § 501(d) or 26 U.S.C. § 501(e). If State regulation doesn’t require non-revenue producing, nonprofit entities to acquire 501(c)(3) or tax-exempt standing, a non-revenue producing, nonprofit well being care facility might want to present documentation indicating that it’s an organized entity and a certification that the entity is compliance with 26 U.S.C. § 501(c)(3) and State regulation necessities.

2 FEMA Public Help Program and Coverage Information, v.4, FP 104-009-2, Desk 1 (Jun. 1, 2020).

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