July 2026

July 30

• When FEMA Says No: Strategic Considerations After an Adverse FEMA Public Assistance First Appeal Decision
  After the Federal Emergency Management Agency (FEMA) issues an unfavorable first appeal decision on a Public Assistance claim, many applicants must decide whether to submit a second appeal to FEMA headquarters or request binding arbitration before the Civilian Board of Contract Appeals (CBCA).
  
  That decision is strategic, time-sensitive, and usually irreversible. Arbitration can provide an independent forum and a more litigation-like process, but it requires a complete, well-organized record and is available only when statutory and regulatory eligibility requirements are met. The second appeal option usually entails lower costs but lacks the same level of collaborative opportunity and independence.
  
  Applicants should evaluate forum selection prior to or immediately upon receiving a FEMA first appeal decision and should not assume the better path is the same for every project.
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June 2026

June 30

• FEMA's Recent COVID-19 Duplication-of-Benefits Denials: What Hospitals and Health Systems Should Do Now
  After a lengthy silence on the subject and leaving numerous first and second appeals waiting beyond the statutory response time, FEMA recently issued a cluster of second appeal decisions denying or reducing otherwise eligible Public Assistance (PA) funding for COVID-19 medical-care claims based on duplication of benefits (DOB). These recently issued decisions demonstrate that FEMA is doubling down on its Standard Method Review for determining duplication between claimed costs and patient care revenue. Applicants must work even harder to meet the burden and convince FEMA that there is no prohibited DOB. With the eligibility bar clearly raised and FEMA tightening its reviews, applicants with pending appeals should consider all options, including whether continuing to pursue funding through the arbitration process available for large claims could provide a more equitable path for review and possible success.
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May 2026

May 8

• FEMA Review Council's Final Report Fuels Legislative Momentum for the FEMA Act of 2025: A Roadmap for Bipartisan Reform
  The Federal Emergency Management Agency (FEMA) Review Council finally held its long-awaited final public meeting and formally released its Final Report. This Report is a set of recommendations that, if implemented, would result in the most significant restructuring of federal disaster assistance since the creation of FEMA in 1979. Critically, the Council itself expressed a preference for legislative action, stating that "the Council advocates for legislative action to ensure a systemic and sustained transformation of the current approach to disaster management." That statement lands at a moment of unique legislative opportunity: the bipartisan Fixing Emergency Management for Americans Act of 2025 (H.R. 4669), known as the "FEMA Act," already cleared the House Transportation and Infrastructure Committee (T&I Committee) in September 2025 and provides the natural legislative vehicle to carry many of the Council's recommendations into law. This Alert examines where the FEMA Act and the Council's Final Report already converge, where targeted amendments could close remaining gaps, and why the current political moment favors decisive legislative action as we quickly approach the 2026 hurricane season.
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April 2026

April 15

• Why Block Grants Could be the Future of FEMA Public Assistance
  Since publishing the Disaster Recovery Brief "Are Block Grants the Future of FEMA Public Assistance?" we received several inquiries seeking additional information. In response, this brief explains what a block grant is in the context of disaster assistance and the practical effect a block grant model could have on FEMA infrastructure grants to states, tribes, territories, local governments, and private nonprofits. Legislation would be needed to make such a major change to the delivery of FEMA Public Assistance, but if passed, such a shift could allow the Executive Branch to move away from its current project-based system and improve program efficacy.
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March 2026

March 26

• FEMA Releases FY 2024–2025 BRIC Notice of Funding Opportunity
  The Federal Emergency Management Agency (FEMA) opened the application period for the Fiscal Year (FY) 2024–2025 Building Resilient Infrastructure and Communities (BRIC) grant program on March 25, 2026, making $1 billion in federal funding available for hazard mitigation activities. The Notice of Funding Opportunity (NOFO) reflects a significant shift in BRIC program priorities, narrowing the scope of eligible activities and imposing new compliance requirements that applicants and subapplicants must carefully evaluate before submitting applications. Applications are due July 23, 2026, at 3:00 p.m. ET.
  
  Much has happened since our last publication on the BRIC program. This alert summarizes the key legal and programmatic features of the FY 2024–2025 BRIC NOFO and highlights compliance obligations that applicants and subapplicants should consider when determining whether to submit an application and how to best evaluate projects and prepare any application for the highest chance of success.
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March 5

• Category B Emergency Protective Measures vs. Routine Operations/Increased Operating Costs
  Recent FEMA Determination Memoranda, first appeals, and arbitration filings before the Civilian Board of Contract Appeals (CBCA) reflect a consistent and increasingly rigid approach to Category B Emergency Protective Measures (EPMs). FEMA is drawing a bright line between discrete, incident-driven emergency actions and what it characterizes as routine or increased operating activities. When FEMA concludes that claimed work falls on the "routine operations" side of that line, it is denying entire projects as categorically ineligible – often without reaching questions of cost reasonableness or documentation sufficiency.
  
  This alert provides a summary of the denial patterns we are seeing, explains the legal framework FEMA is applying, and offers practical guidance for emergency managers and consultants on drafting scopes of work and cost narratives that are more likely to survive eligibility review.
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January 2026

January 26

• 2026 FEMA Public Assistance Program Eligibility and Top Ten Tips to Protect Funding
  A historic, widespread, and long-lasting winter storm is in progress, bringing destructive ice and heavy snow from the Plains to the Midwest and Northeast. Forecasts indicate dangerous travel conditions for days, and parts of the South are seeing catastrophic ice accumulations with significant power outages and tree damage. On the heels of Winter Storm Fern is another quickly developing major winter event expected to hit the coastal South.
  
  These events, and more, come at a time when there remains significant uncertainty about the current status and future of the Federal Emergency Management Agency (FEMA). As of January 25, FEMA has issued 12 emergency declarations but next steps remain uncertain. Even with the competing priorities and preferences, all seem to agree that the assistance provided by FEMA will be more restrictive going forward. As such, it is more important than ever to be diligent in these early days and do as much as possible to protect eligibility for funding assistance in the event that a federal major disaster declaration is issued.
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October 2025

October 17

• Are Block Grants the Future of FEMA Public Assistance?
  The block grant model has long been eyed as a potential solution to the complexity, frustration, and delay often experienced by FEMA Public Assistance program recipients and subrecipients after a disaster. House Resolution 4669, known as the FEMA Act of 2025, proposes to create a new Small Disaster Block Grant Program under the Stafford Act that seeks to increase the effectiveness and efficiency of disaster recovery programs. As stakeholders continue to review the proposed program and assess options, it is important to thoughtfully consider areas where implementation could be further strengthened to maximize its benefits. This brief highlights potential challenges and offers practical suggestions to help ensure the program delivers rapid, flexible funding as intended to support the most effective and efficient recovery.
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September 2025

September 15

• FEMA Act of 2025 – Part III: Spotlight on Individual Assistance Reforms & Update on Recent Markup
  This alert continues our review of the sweeping changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act proposed in the Fixing Emergency Management for Americans Act of 2025 (H.R. 4669) (FEMA Act), introduced in the House of Representatives by Republican and Democratic leaders of its Transportation and Infrastructure (T&I) Committee. Our first alert examined the bill's Public Assistance Program, and the second analyzed the bill's Mitigation Program changes. This week, we are spotlighting the significant reforms to Individual Assistance in Division B, Title II of H.R. 4669, as well as the recent amendments adopted during the T&I Committee's markup session and approval of the bill on September 3.
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August 2025

August 28

• FEMA Act of 2025 – Part II: Spotlight on Proposed FEMA Mitigation Reforms
  As we discussed in Part I of this series on the proposed Fixing Emergency Management for Americans Act of 2025 (H.R. 4669) (FEMA Act), the House of Representatives Transportation and Infrastructure Committee has introduced the most sweeping rewrite of the Robert T. Stafford Disaster Relief and Emergency Assistance Act since 1988. Part I examined the bill's Public Assistance Program overhaul. This week, we are spotlighting the reforms in the mitigation section, which are designed to reduce long-term disaster costs, accelerate resilient construction, and embed risk-informed decision-making across all levels of government and the private sector.
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August 13

• The "FEMA Act of 2025" – Spotlight on Proposed FEMA Public Assistance Program Reforms
  The House Transportation and Infrastructure Committee introduced H.R. 4669, the Fixing Emergency Management for Americans (FEMA) Act of 2025 ("FEMA Act") on July 22, 2025. The bipartisan bill, if passed, would elevate FEMA to Cabinet status and overhaul every phase of the disaster cycle. Title I of Division B – to reform the Public Assistance (PA) Program – represents the most sweeping statutory rewrite of the Stafford Act's infrastructure aid since 1988. If enacted, these provisions will accelerate reconstruction, expand eligible costs, tighten statutory deadlines, and materially shift risk allocations across federal, state, local, tribal, territorial (SLTT), and private-sector partners. This alert distills the principal PA reforms, evaluates the strategic consequences for the disaster and emergency services industry, and flags operational considerations that warrant immediate planning.
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June 2025

June 16

• Shifting the Burden: States Face Rising Pressure to Fund Disasters Alone
  Recent statements from the current administration signal a deliberate shift of disaster responsibility to states, elevating the need for robust, state-led emergency financing and related state statutory authority. States must assess now whether they have the financial tools and governance structure to respond effectively if Federal Emergency Management Agency (FEMA) support is reduced or eliminated. This alert shares concerns and possible solutions states should consider now in anticipation of a transition away from FEMA funding.
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April 2025

April 30

• Update on Federal Disaster Reform: Efforts to "Rebalance" FEMA's Role
  Though there is continuing debate on the underlying cause(s), data clearly supports that natural disasters are occurring with increasing frequency and at a greater cost to the American public (whether personally or through the expenditure of tax dollars). It is also clear that the current administration is fully engaged in rapidly cutting costs across the federal government with no exceptions, even for disaster response and recovery. The disaster recovery industry has come to expect significant reforms following federally declared major disasters and/or changes to the administration, and historically, this has included large statutory reform packages aimed at the federal funding programs administered by the Federal Emergency Management Agency (FEMA), including primarily its Public Assistance and Individual Assistance programs. However, we are now seeing substantial changes proposed and implemented through Executive Orders and other direct Presidential actions and executive engagements. The latest round of proposed changes comes just shy of 30 days before the start of the Atlantic hurricane season and brings a heightened level of uncertainty, especially to state, local, tribal, and territorial (SLTT) partners most vulnerable to these events.
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October 2024

October 9

• Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene
  Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges, and slope stabilization may be available through FEMA's Public Assistance Grant Program. As multiple states and local governmental entities continue to assess the damage caused by Hurricane Helene to develop and implement a recovery plan to address the unprecedented impacts of this disaster, it will be critical for these entities to understand and follow applicable guidance in order to obtain (and keep) FEMA and other federal grant funding.
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October 4

• Temporary Regulatory Relief for South Carolina Health Care Providers Responding to Hurricane Helene
  South Carolina Governor Henry McMaster declared a State of Emergency on September 25, 2024, to prepare for Hurricane Helene. On September 29, 2024, the Federal Emergency Management Agency (FEMA) issued a Federal Major Disaster Declaration (FEMA-4829-DR) for South Carolina. On September 30, 2024, the United States Department of Health and Human Services (HHS) declared a public health emergency in South Carolina, and the Centers for Medicare and Medicaid Services (CMS) issued several blanket waivers to provide greater compliance flexibility and continuity of care while responding to Helene in the geographic area covered by the President's declaration. These waivers (detailed below) provide health care facilities with flexibility in service delivery, staffing, and patient care, aimed at alleviating the strain caused by Helene. Further, HHS, the South Carolina Department of Health and Human Services (SCDHHS), and other regulatory bodies have announced relief efforts, all aimed at reducing administrative burdens so providers can continue to care for and treat those in need.
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October 1

• Temporary Regulatory Relief for North Carolina Health Care Providers Responding to Helene
  North Carolina Governor Roy Cooper declared a State of Emergency on September 25, 2024, due to the impending impact of Tropical Storm Helene (Helene). On September 28, 2024, a Federal Major Disaster Declaration (FEMA-4827-DR) was issued following Helene. On September 29, 2024, the Centers for Medicare & Medicaid Services (CMS) declared a public health emergency in affected areas of North Carolina and provided several blanket waivers for health care providers to enhance flexibility in care delivery in order to maintain services and compliance during the public health emergency. These waivers (detailed below) provide health care facilities with flexibility in service delivery, staffing, and patient care, aimed at alleviating the strain caused by the disaster. Additionally, the United States Department of Health and Human Services, the North Carolina Department of Health and Human Services, and other regulatory bodies have announced other relief efforts aimed at reducing administrative burden as providers care and treat those in need.
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September 2024

September 26

• Understanding Disaster Appropriations
  The ever-increasing cost of disasters and Congress' reliance on continuing resolutions often result in a storm of questions regarding disaster appropriations. Timely released on the day the FY 2025 budget is being delivered to the President by Congress, this Disaster Recovery Brief explains some of the Federal Emergency Management Agency's many different funds and authorities, how Congress funds them, and how that funding directly affects the public.
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August 2024

August 27

• DRG Quick Bite: How the 2024 OMB Revisions Affect Purchasing Under a FEMA Award
  As previously mentioned in our April 5, 2024, publication OMB Soon to Release Updates to Uniform Grant Regulations, the Office of Management and Budget (OMB) announced the impending launch of its revised regulations at Title 2 of the U.S. Code of Federal Regulations (2 C.F.R.), which will be effective for awards made on disasters declared on or after October 1, 2024. But how exactly does this affect your FEMA award?
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July 2024

July 10

• FEMA Now Accepting Comments on Changes to its Public Assistance Program
  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 Regulations (CFR) are open for public comment through September 3. The Public Assistance (PA) program is the grant program by which FEMA provides financial assistance to state, local, tribal, and territorial governments and certain eligible private non-profit entities after they are impacted by a presidentially-declared disaster. FEMA provides this assistance under authority in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, implemented by regulations in Title 44 Part 206 of the U.S. Code of Federal Regulations, and clarified by policy primarily located in its Public Assistance Program and Policy Guide (PAPPG). Both 44 CFR changes and PAPPG changes are currently open for public comment.
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July 3

• 2024 Hurricane Season: Top Ten Tips
  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 President declared emergency in Florida. On Monday, July 1, Hurricane Beryl became the Atlantic Basin's earliest Category 5 hurricane on record, as it passed over the Windward Islands and continued to track toward the Yucatan Peninsula (and beyond). Recovery from these events can be challenging, especially when there are concurrent events. The Federal Emergency Management Agency (FEMA) is a critical partner in preparing for, responding to, and recovering from these events for eligible FEMA Program applicants, but its programs can be complex. It is critical that emergency work is done as quickly as possible; however, applicants may be taking considerable risks if they make program errors or move forward too quickly without following the proper steps. This alert shares some tips to help support compliance with FEMA's primary post-event funding mechanism, the Public Assistance Program.
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July 2

• Supreme Court Overturns Chevron Deference: What's Next for FEMA?
  In a landmark decision, the Supreme Court on Friday overturned the 40-year-old precedent that established what is commonly known as Chevron deference. The ruling fundamentally alters the balance of power between federal agencies and the judiciary. The decision stems from the valid concern that Chevron deference allowed agencies to wield excessive legislative power through regulatory action with limited judicial review. The Court held that "Chevron was a judicial invention that required judges to disregard their statutory duties. And the only way to 'ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion,' Vasquez v. Hillery, 474 U. S. 254, 265 (1986), is for us to leave Chevron behind."
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June 2024

June 21

• Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution
  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 annually. Legal professionals typically discourage pursuing judicial review of a FEMA denial of funding due to the discretionary nature of most of FEMA's programs and also the high level of deference given to FEMA's interpretation and application of the laws that apply. However, the United States Supreme Court is expected to issue a ruling this month that may nullify years of precedent through the anticipated overturn of the namesake case for "Chevron deference." If this occurs, pursuing relief from an offensive FEMA denial through an action for judicial review in the courts could emerge as a new option.
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April 2024

April 5

• OMB Soon To Release Updates To Uniform Grant Regulations
  The Office of Management and Budget (OMB) held a webinar on April 4, 2024, which was followed by a White House announcement of the impending launch of revised regulations at Title 2 of the U.S. Code of Federal Regulations (2 C.F.R.). These regulations are critically important to anyone who receives or intends to receive federal assistance such as federal grants.
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December 2023

December 4

• OMB Proposed Rule Would Revise the Suspension and Debarment and Uniform Grant Administration Regulations
  The Office of Management and Budget (OMB) has completed its every-five-year review of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, commonly known as the "Uniform Guidance" or "2 C.F.R. Part 200," and proposed changes. These rules are adopted by federal agencies and apply to nearly all federal financial assistance programs. The last update in 2020 resulted in a few tweaks. This time around, OMB proposes changes to the entire volume of rules in Title 2 of the Code of Federal Regulations, including the procurement and suspension and debarment rules. Comments are due by Monday, December 4, 2023.
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September 2023

September 20

• Don't Take FEMA Closeout Deobligations Lying Down
  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 falling balance of FEMA's coffers has also brought intense pressure to close "legacy" disasters. FEMA is working to expedite final reviews and many states and applicants are noticing silent deobligations, retroactively taking back millions for unsuspecting subrecipients.
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August 2023

August 14

• Hurricane Season is Here – Are You Ready for FEMA Funding?
  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 Assistance is not simple. With so many rules, regulations, and policies applicable to funding, applicants frequently find themselves fighting to justify eligibility of costs. We surveyed our team to identify the issues they've seen most frequently arise for Public Assistance applicants over the last year. We compiled their responses into the following three tips for obtaining and keeping FEMA reimbursements.
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August 1

• Recent Trends in FEMA COVID-19 Appeal and Arbitration Decisions
  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 governing eligibility of COVID-19 costs. Applicants should be prepared to address these five trending eligibility traps.
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July 2023

July 6

• Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate
  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), in Boulder County, Colorado, on grounds that the state grant recipient forwarded the District's first appeal late.
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October 2022

October 18

• Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance
  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 the contiguous United States. This massive storm moved across the State of Florida and ventured briefly back into the Atlantic Ocean before making a second landfall on the coast of South Carolina as a Category 1 hurricane. Emergency response efforts are continuing at this time, due in large part to the particularly difficult circumstances created for several Florida barrier islands, including the complete destruction of the causeway that previously provided access to Sanibel Island. State and federal officials continue to release information about the ongoing emergency response efforts and resources for recovery.
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• Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears
  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 Assistance determination can make an applicant feel much the same way as Goldilocks treated the porridge. An applicant may appeal any FEMA determination related to an application for, or the provision of, assistance under the Public Assistance Program, but recent appeal decisions demonstrate the importance of filing appeals just right: filing with the proper state recipient within the acceptable filing window.
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• Are You BRIC-ready?
  Notice Announced of Funding Opportunity for Fiscal Year 2022 Building Resilient Infrastructure and Communities Program and Competition is Steep
  The Federal Emergency Management Agency (FEMA) has announced its fiscal year 2022 (FY2022) application period for the Hazard Mitigation Assistance (HMA) Notices of Funding Opportunities (NOFOs) for the new Building Resilient Infrastructure and Communities (BRIC) grant program. The application period commenced on September 30, 2022.
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• COVID-19 PANDEMIC: Extension of PHE and Impact to FEMA Claims
  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 the continued consequences of the Coronavirus Disease 2019 (COVID-19) pandemic. This latest extension, if allowed to remain effective the full 90 days as usual, will mean that the PHE is officially extended into the New Year. However, there are numerous indications that this may be the last such extension and the PHE for the COVID-19 pandemic, first declared on January 31, 2020, may end on January 11, 2023, nearly three years after it began.
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October 6

• New FEMA Clarification Regarding Codes & Standards Requirements
  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.
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September 2022

September 28

• Hurricane Ian: Preparing for Public Assistance
  Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it makes landfall on the west coast of Florida. At this time, safety of residents and protection of critical infrastructure is the chief concern; however, as soon as they are able, both public and nonprofit entities must consider the available resources to help defray costs, including insurance and federal disaster assistance programs.
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September 15

• DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals
  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 this issue was much more general and issued in July as part of the agency's COVID-19 Public Assistance Programmatic Deadlines Policy (Policy). That Policy simply stated that "Recipients and Subrecipients are responsible for ensuring that they do not accept payment for the same dollar twice. Applicants must certify in the Project Application that assistance has not and will not be duplicated." Essentially this required subrecipients to self-certify that no DOB was received similar to the requirements of reporting to U.S. Department of Health and Human Services (HHS) for the Provider Relief Fund.
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September 13

• Tips for Obtaining Reimbursement from FEMA for Your Disaster-Damaged Roof
  As we enter what is historically the most active part of hurricane season, we want to alert our clients and others who may be eligible for FEMA reimbursement of important steps to take before and right after a disaster with respect to damage to roofs. If an applicant does not have extensive documentation of the pre-disaster condition or the post-disaster damage of its roof (in some cases, more than FEMA's policy and program guidance requires), FEMA may deny eligibility of the costs of roof repair or replacement.
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August 2022

August 29

• FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold
  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 private nonprofit organizations, after a presidentially declared disaster to update the monetary threshold when using "simplified procedures."
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April 2022

April 29

• FEMA Seeks Public Comment on Proposed Public Assistance COVID-19 Policy on Deadlines and Overlapping Sources of Funding
  FEMA is now accepting public comment on its draft Coronavirus (COVID-19) Pandemic: Public Assistance Programmatic Deadlines policy. Comments will be accepted through 5 p.m. Eastern on May 24, 2022.
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April 5

• BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims
  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 of claims related to costs incurred from the beginning of the pandemic through July 1, 2022. FEMA has yet to issue an official memorandum or statement publicly on these updates, but the information is being distributed through various channels, including through multiple state recipients. We will update this brief as further information is released.
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March 2022

March 2

• UPDATED: President Biden Extends 100 Percent Cost Share for COVID-19 Public Assistance
  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 Federal share of COVID-19 costs will change to 90 percent.
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December 2021

December 20

• Direct Result of a Disaster
  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 non-profits) for the repair, restoration, reconstruction or replacement of facilities damaged or destroyed by major disasters as declared by the President of the United States.
  
  One of the initial thresholds eligible applicants must meet to receive PA funding is establishing that the scope of work is required as a result of a major disaster, i.e., that the work is necessary to repair damages caused by the disaster. Often applicants consider it a mere formality to establish that damage was caused by a major hurricane, tornado or flood – a facility's roof did not leak prior to the storm, but leaks were discovered during the post-storm inspection; roads were passable before the storm, but were severely cracked after extensive debris removal operations took place; or a facility was operational before the storm, but was inoperable after the storm impacted the area. Under these circumstances an applicant may think it is obvious that the damage was a result of the major disaster. Unfortunately, however, it's not always that simple.
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December 16

• Webinar: Smart City Transformation Through ARPA Funds
  In this webinar, we show how your city can apply for American Rescue Plan Act (ARPA) funds and invest them to transform into a "smart city."
  Watch

December 7

• Changes to FEMA's Public Assistance Appeals and Arbitrations Regulation Go Into Effect January 1, 2022
  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 filing deadlines and content requirements to avoid automatic denial.
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• Anatomy of a FEMA Appeal
  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) requires that an applicant make its appeal in writing, through the recipient – usually the state emergency management agency – who then reviews and evaluates the appeal before submission to the FEMA Regional Administrator. The regulation further requires that "the appeal shall contain documented justification supporting the appellant's position, specifying the monetary figure in dispute and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent."
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November 2021

November 15

• New FEMA Thresholds and Indicators for Fiscal Year 2022
  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 Consumers. The new Fiscal Year 2022 thresholds and indicators were published on November 15, 2021 and apply to all major disasters or emergencies declared on or after October 1, 2021.
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November 10

• President Biden Extends 100 Percent Cost Share for COVID-19 Public Assistance
  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 will remain open through that date as well.
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October 2021

October 28

• FEMA Denies Public Assistance to County Government for Contact Tracing, Social Distancing, and Teleworking to Prevent the Spread of COVID-19
  In a recent Second Appeal decision, the Federal Emergency Management Agency (FEMA) denied Scott County, Iowa's (the County) claims for Public Assistance (PA). From March 11-August 20, 2020, the County purchased contract services and equipment to support its contract tracing program and implement social distancing protocols in its facilities. The County requested FEMA PA funding for contract services including information technology support, security, maintenance, and licensing and elevator key card installation. Additionally, the County requested PA funding for computer and communications hardware such as printers, webcams, microphones, adapters and phones.
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September 2021

September 27

• Contracting Under Federal Procurement Requirements After Hurricane Ida
  As impacted public entities and non-profits begin the long road to recovery after Hurricane Ida, it is critical that they comply with important regulatory requirements for federal disaster assistance funding, including procurement requirements. If these requirements are ignored or overlooked, entities that are potentially eligible for reimbursement through the Federal Emergency Management Agency (FEMA) Public Assistance program or other federally funded programs may face additional, avoidable challenges down the road. These can include denials of assistance or retroactive deobligation (claw back) of funding.
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September 13

• Emergency Rule 47: What Insurers and Insureds Need to Know in the Wake of Hurricane Ida
  In response to the catastrophic loss caused by Hurricane Ida and its aftermath, the Louisiana Department of Insurance recently adopted Emergency Rule 47, which provides qualified insureds with various protections and prevents the cancellation, nonrenewal, and non-reinstatement of insurance. During its pendency, Emergency Rule 47 prohibits insurers from cancelling or refusing to renew insurance policies and suspends any such notices that were in effect at the commencement of the Rule. Moreover, Emergency Rule 47 requires that insurers waive various requirements that will provide insureds with more immediate access to health care. This alert will summarize several provisions of Emergency Rule 47 that should be considered by both insureds and insurers in the wake of Hurricane Ida.
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September 9

• Top Ten Louisiana Tips for Hurricane Ida Recovery
  The extensive destruction left by Hurricane Ida is simply astonishing; the trail of impact from South Louisiana all the way through to New York and New Jersey is unprecedented. Recovery from the damage to infrastructure will take years; however, we recognize that right now emergency work is in full swing across Louisiana. The Federal Emergency Management Agency (FEMA) is a critical partner in this road to recovery for eligible applicants, but its programs can be daunting. It is critical that emergency work is done as quickly as possible; however, applicants can be taking considerable risks if they make program errors. FEMA can be very flexible during the emergency process but below are some tips to help ensure compliance with the Public Assistance Program.
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September 1

• Hurricane Ida: Major Disaster Declaration Issued for Louisiana, Recovery Efforts Underway
  Our thoughts remain with our colleagues, clients, and friends impacted by Hurricane Ida as recovery efforts are now underway following this strong Category 4 storm that made landfall on August 29, a date already too familiar for those that lived along the Louisiana and Mississippi coastal region when Hurricane Katrina impacted this same area 16 years ago. At this time, search and rescue efforts, power restoration, and work to address the many impacted health care facilities have priority. However, as soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and federal disaster assistance programs.
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