Budget Bulletin H-0503 (Revised) | NYS DOB

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5. Budget Bulletin H-0503

Recovery and Reimbursement for Expenses Incurred in Response to the Coronavirus Disease 2019 (COVID-19) BPRM Information Table (layout)

Effective Date: 12/16/2020

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TO: ALL DEPARTMENT AND AGENCY HEADS

FROM: Robert F. Mujica Jr.

SUBJECT: Recovery and Reimbursement for Expenses Incurred in Response to the Coronavirus Disease 2019 (COVID-19)

In order to minimize financial risk to New York State and ensure the efficient and appropriate use of all available Federal dollars made available to mitigate the budgetary impact of COVID-19, the New York State Division of the Budget (DOB) is centralizing collection of all State agencies (including State departments and State authorities)  to the extent that expenses are incurred in response to COVID-19.

DOB will oversee administration of the Coronavirus Relief Fund (CRF) and partner with the New York State Department of Homeland Security and Emergency Services (DHSES) to manage COVID-19-related expense reimbursement from the Federal Emergency Management Agency (FEMA).

A. Revisions

Revisions to this bulletin since the November 12, 2020 release include:

• Update to Section B. Purpose and Scope to add the subsection “Agency Points of Contact (POC)” to require agencies to designate agency POC for the centralized management of CRF, FEMA, and other Federal COVID-19 funding opportunities.

B. Purpose and Scope

The purpose of this Budget Bulletin, H-0503, is to:

1. Establish that DOB will centrally oversee the recovery and reimbursement of all COVID-19-related expenses and is responsible for the administration of CRF;
2. Establish that DOB in coordination with DHSES, will manage COVID-19-related expense reimbursement from FEMA;
3. Provide agencies and authorities an overview of the eligible uses of CRF, and FEMA programs funded by the Disaster Relief Fund (DRF);
4. Communicate that expenses assigned for recovery under CRF or reimbursement from FEMA must comply with all associated Federal the requirements, including those established by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including the Compliance Supplement as added annually to Appendix XI of 2 CFR 200).

State agencies must provide DOB with a detailed itemization of all COVID-19-related expenses incurred between March 1, 2020 and December 30, 2020 that have been or will be charged to CRF. DOB will use this data to meet U.S. Department of Treasury (Treasury) Office of the Inspector General (OIG) reporting requirements and deadlines. Agencies and authorities will partner with their DOB line examination unit to submit this information in accordance with prescribed formats and deadlines communicated to agencies and authorities by your DOB line examiner.

State agencies should be aware that DOB is implementing a centralized COVID-19 Grants Management System, to track all COVID-19 related expenses and associated documentation and will issue additional direction to agencies and authorities regarding system use and functionality. Once that system is implemented, agencies will upload COVID-19 related expense data and documentation into the system so  DOB can ensure COVID-19-related expense data meets the strictest Federal documentation standards. Through agency internal controls, compliance with this Budget Bulletin and  DOB oversight, the COVID-19 Grants Management System will ensure New York State complies with the data retention and monitoring requirements set forth in the Uniform Guidance.

Background

On March 27, 2020, U.S. Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act[1], a $2.2 trillion relief bill aimed at mitigating the economic and public health impacts of the COVID-19 pandemic. Included within the CARES Act are two targeted relief programs key to assisting state and local governments with COVID-19-related expenses:

1. CRF, administered by the Treasury. [2]
2. FEMA programs funded by the DRF. Note that the FEMA program discussed in this document is the Public Assistance Program, and the only eligible work falls under Emergency Work > Emergency Protective Measures (Category B).

DOB will centrally manage the recovery and reimbursement of these funds to ensure New York State uses and reports on the federal resources appropriately and effectively.

Centralizing Recovery Efforts

DOB is responsible for the administration and oversight of the State’s CRF award and is monitoring claims against the fund. Agencies may not initiate transactions within the Statewide Financial System (SFS) to move CRF dollars against existing expenses without specific instruction to do so by DOB.

Historically, State agencies have individually acted as Applicants to FEMA, with DHSES serving as the Recipient of FEMA funds and FEMA state liaison. Agencies typically have worked directly with DHSES and FEMA representatives to submit a Request for Public Assistance (RPA), as well as subsequent Project Worksheets (PWs) and supporting expense documentation to drawn down obligated funding.

In order to most effectively monitor FEMA Public Assistance claims related to the COVID-19 disaster, and to ensure that expenses are not claimed under both the CRF and FEMA Public Assistance, or duplicated under any other funding streams, DOB will act as a centralized Applicant on behalf of New York State agencies and authorities.  For this disaster DOB has filed one centralized RPA covering all agencies and authorities, as listed in Attachment A of this bulletin. DHSES will maintain its role as Recipient with DOB as the Applicant. DHSES will support this effort by providing staff knowledge and expertise to these agencies working with and through DOB. DOB will issue additional guidance prescribing the process by which agencies and authorities must work with DOB, DHSES and FEMA.

Agency Points of Contact

DOB will use the Building A High Performance Government SharePoint site to coordinate the activities associated with the COVID-19 centralized recovery efforts. Agencies must request designated individuals be provisioned to access the FAQ & Resources, Coronavirus Relief Fund, and Disaster Relief Fund/FEMA subsites in accordance with Budget Bulletin B-1301, which defines the policy, process, and forms Agency Security Coordinators must follow when requesting agency users access to DOB’s information technology systems and resources. In addition to requesting access to the SharePoint libraries, agencies are required to designate a primary POC and at least one alternate for all Federal fund recovery and reimbursement efforts. These POCs will be added to a distribution list for the purpose of receiving Federal funding related assignments, updates, and deadlines. Please send all POCs in one email per agency to [email protected] by COB Monday, December 21st.

Agencies should ensure that POCs have knowledge of the agency’s COVID-19 response efforts and projects; are able to work across the agency and are able to contact program staff, vendors, and contractors to gather documentation such as invoices, purchase orders, time sheets, receipts, and other contract documents; and have access to procurement and finance systems necessary to produce documentation.

C. CRF

The CARES Act established the $150 billion CRF to provide payments to State, Local, and Tribal governments navigating the impact of the COVID-19 pandemic.

U.S. Department of Treasury awarded a total CRF payment of $7,543,325,288 to New York State. Of that, the State received $5,135,624,853. The remaining CRF payment was distributed among seven eligible units of local governments across the State.[3]

The CARES Act requires that the payments from the CRF only be used to cover expenses that are/were —

1. necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19);
2. not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and
3. incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.

The CARES Act directs Treasury’s Office of Inspector General (Treasury OIG) to monitor and conduct oversight of the receipt, disbursement, and use of funds made available to CRF recipients.[4]  Treasury OIG provided CRF prime recipients with guidance on reporting and record keeping in July 2020[5] and sets forth the interpretation of these limitations on the permissible use of Fund payments and lists costs eligible and ineligible for CRF recovery.

Expenses Eligible for CRF Recovery

Expenses eligible for recovery include, but are not limited to:

1. Medical expenses such as:
   • COVID-19-related expenses of public hospitals, clinics, and similar facilities.
   • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs.
   • Costs of providing COVID-19 testing, including serological testing.
   • Emergency medical response expenses, including emergency medical transportation, related to COVID-19.
   • Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment.
2. Public health expenses such as:
   • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19.
   • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency.
   • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.
   • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.
   • Expenses for public safety measures undertaken in response to COVID-19.
   • Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:
   • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions.
   • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions.
   • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.
   • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.
   • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.
   • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:
   • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.
   • Expenditures related to a State, territorial, local, or Tribal government payroll support program.
   • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria.

Expenses Ineligible for CRF Recovery

The following is a list of examples of costs that are ineligible[6] for recovery under CRF:

1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.

CRF Expense Categories

In order to appropriately determine that a COVID-19-related expense may be eligible for recovery under CRF, the expense must be evaluated against the allowable categories of activities prescribed by the Treasury.

The allowable categories are as follows:

• Administrative Expenses
• Budgeted Personnel and Services Diverted to a Substantially Different Use
• COVID -19 Testing and Contact Tracing
• Economic Support (Other than Small Business, Housing, and Food Assistance)
• Expenses Associated with the Issuance of Tax Anticipation Notes
• Facilitating Distance Learning
• Food Programs
• Housing Support
• Improve Telework Capabilities of Public Employees
• Medical Expenses
• Nursing Home Assistance
• Payroll for Public Health and Safety Employees
• Personal Protective Equipment
• Public Health Expenses
• Small Business Assistance
• Unemployment Benefits
• Workers’ Compensation

If the expense can reasonably be applied to one of the allowable activities and is COVID-19 related, it should be treated as an eligible expense. Please note that identification as an eligible expense does not guarantee recovery under CRF.

CRF Reporting and Retention Requirements

CRF expenses are subject to reporting and retention requirements[7] as specified by the Treasury OIG. Since publishing guidance on July 2, 2020, Treasury OIG has released updated reporting and retention requirements[8] and Frequently Asked Questions[9] related to these requirements.

Documentation related to reimbursed expenses must be retained for five years after the grant is closed out. Note that this is not from the time of receipt of funding.  A notice will be given to each agency and authority that their closeout period has begun once the grant closeout has concluded.

• Prime recipients include state governments, local governments with populations greater than 500K, D.C. & U.S. territories, and tribal governments
• Prime recipients began reporting COVID-19 related costs incurred from March 1, 2020 – December 30, 2020 in the Treasury OIG GrantSolutions portal beginning September 1, 2020.
  • Note: New York State was approved to submit Cycle 1 and Cycle 2 reporting data in bulk to Treasury OIG on December 15, 2020.
• Prime recipients must list all projects they plan to complete with the Coronavirus Relief Fund payments, including project name, identification number, description, and status of completion. Projects should be associated with obligations or expenditures, if applicable
• Prime recipients must report all contracts, grants, loans, transfers, and direct payments greater than $50K
• Aggregate reporting will be used for all spend below $50K, as well as all payments to individuals (does not include sole proprietors)

CRF Subrecipient Monitoring Requirements

When a Federal agency issues funds to a New York State agency or authority for a specific program or purpose, the State is considered the prime recipient of the Federal grant award and is ultimately responsible for the appropriate use and management of the funds. The State may transfer funds to other eligible entities per the award eligibility terms. In the instance of CRF, the State remains the prime recipient and serves as the pass-through entity for the Federal award, to the secondary recipient. Generally, the secondary recipient is referred to as the subrecipient. When acting as the pass-through entity, State agencies are accountable for monitoring the programmatic and financial activities of subrecipients to ensure funds are expended according to Federal, State, and individual grant requirements.

Through the CRF, the Treasury provided New York State with Federal funds that may be applied to eligible expenditures and has specified that these funds are subject to the requirements outlined in the Uniform Guidance. For the purposes of reporting, the Treasury has used the term subrecipient to describe any entity issued a contract, grant, loan, direct payment, or transfer of $50,000 or more.

Requirements are evolving, and additional guidance is expected. Therefore, State Agencies must monitor Federal requirements and comply with additional guidance as it is released by the Federal government.

D. FEMA

Expenses Eligible for FEMA Public Assistance Reimbursement

Eligible emergency protective measures taken to respond to the COVID-19 emergency may be reimbursed under Emergency Work, Emergency Protective Measures (Category B) of FEMA’s Public Assistance program[10] as further modified by guidance specific to the COVID-19 disaster[11] (#4480[12]). Such eligible costs include but are not limited to those associated with the management, control and reduction of immediate threats to public health and safety, medical care and the provision of temporary and expanded medical facilities.

Expenses must have occurred on or after January 20, 2020, and before the end of the disaster (FEMA has not defined this date but will give at least 30 days’ notice).

FEMA Expense Categories

In order to appropriately determine that a COVID-19-related expense may be eligible for reimbursement, the expense must be evaluated against the allowable categories of activities prescribed by FEMA. These work categories are referenced in pages 57-83 of the PAPPG v3.1[13] and are further clarified for this disaster in the FEMA guidance applying from January 20, 2020, through and including September 14, 2020[14]; the FEMA guidance applying from September 15, 2020, onward[15]; and COVID-19 disaster specific guidance[16].

Note: Only Emergency Work > Emergency Protective Measures (Category B) work is eligible, and those categories are further narrowed by the guidance specified prior. The categories of work below are eligible – please read descriptions in the aforementioned PAPPG v3.1 and guidance.

• Management, control and reduction of immediate threats to public health and safety
  • Emergency Operation Center costs
  • Training specific to the declared event 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)[17]
  • Disinfection of eligible public facilities 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)[18]
  • Technical assistance to state, tribal, territorial or local governments on emergency management and control of immediate threats to public health and safety 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)[19]
• Medical Care Medical Care is largely governed by Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance FEMA Policy FP 104-010-04[20] and Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) “Warm Sites”.[21] The information below is a brief summary and local governments and eligible sub-recipients should become familiar with these two documents.

  FEMA differentiates between a “primary medical care facility” and a “temporary or expanded medical care facility”. In terms of allowable costs, the primary difference is that while only costs for patients with confirmed or suspected cases of COVID-19 are covered at primary facilities, costs may be eligible for all patients at temporary and expanded facilities. In primary facilities, “Medical care related to treatment of a non-COVID-19 illness or injury in a primary medical care facility is not eligible.”[22] For primary medical care facilities, increased operating costs for administrative activities (such as medical billing) are not eligible. In most cases, permanent renovations are not eligible unless the Applicant can demonstrate that the work can be completed in time to address COVID-19 capacity needs and is the most cost effective option. Permanent renovations and other improvements to real property with Public Assistance funds are subject to real property disposition requirements. Benefits, including patient insurance, can never be duplicated. Medicare rates will be used to determine reasonable cost for services not covered by other sources. The following medical care activities and associated costs are eligible in both primary and temporary or expanded facilities:

  • Emergency and inpatient clinical care for COVID-19 patients, including, but not limited to:
    1. Emergency medical transport related to COVID-19;
    2. Triage and medically necessary tests and diagnosis related to COVID-19 patients;
    3. Necessary medical treatment of COVID-19 patients; and
    4. Prescription costs related to COVID-19 treatment.
  • Purchase, lease, and delivery of specialized medical equipment necessary to respond to COVID-19 (equipment purchases are subject to disposition requirements)
  • Purchase and delivery of PPE, durable medical equipment, and consumable medical supplies necessary to respond to COVID-19 (supply purchases are subject to disposition requirements)
    1. Includes costs of eligible SLTT government Applicants providing PPE to any public or private medical care facility that treats COVID-19 patients.
  • Medical waste disposal related to COVID-19
  • Certain labor costs associated with medical staff providing treatment to COVID-19 patients may be eligible as outlined below. Any labor costs for medical staff that are included in patient billing and/or otherwise covered by another funding source (as described in Section D.4 Duplication of Benefits of this policy[23]) are not eligible for PA. Otherwise, the following labor costs may be eligible:
    1. Overtime for budgeted medical staff providing treatment to COVID-19 patients;
    2. Straight time and overtime for temporary medical staff providing treatment to COVID-19 patients; and
    3. Straight time, overtime, and other necessary costs for contract medical staff providing treatment to COVID-19 patients. Work and associated costs must be consistent with the scope of the contract and may include costs for travel, lodging, and per diem for contract medical staff from outside the local commuting area.

    Additional eligible costs for temporary or expanded medical care facilities include:

    1. Lease, purchase, or construction costs, as reasonable and necessary, of a temporary facility as well as reasonable alterations to a facility necessary to provide medical care services;
    2. Mobilization and demobilization costs associated with setting up and closing the temporary or expanded medical facility;
  • Operating costs including equipment, supplies, staffing, wraparound services (as defined in the Definitions section at the end of this document[24]), and clinical care not covered by another funding source; and
    1. Maintenance of a temporary or expanded medical facility in an operationally ready but unused status available for surge capacity for COVID-19 readiness and response when necessary to eliminate or lesson an immediate threat to public health and safety, based on public health guidance, location of areas expected to be impacted, and local/state hospital bed/ICU capacity.
  • Alternate Care Site (ACS) “Warm Sites” See Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) “Warm Sites[25]” for detailed information. To address immediate and projected needs from the coronavirus (COVID-19) pandemic, state, local, tribal, and territorial (SLTT) governments may, under certain conditions, be reimbursed through FEMA’s Public Assistance (PA) Program for costs associated with keeping Alternate Care Sites (ACS), including temporary and expanded medical facilities, minimally operational when COVID-19 cases diminish and the facilities are no longer in use.[26]

  Eligible Costs include:

  • Renting/leasing the space for an ACS facility and/or the necessary equipment to operate the facility and provide adequate medical care in the event of a COVID-19 resurgence;
  • Other facility costs such as utilities, maintenance, and/or security;
  • Keeping the necessary equipment and supplies (including PPE) in stock, including inspection and maintenance of equipment and supplies, and replacement of non-functioning equipment and expired supplies and commodities;
  • Demobilization of ACS facilities when it is more cost effective than maintaining a warm site, and remobilizing in the event of a COVID-19 resurgence based on projected needs;
  • Storage of equipment and supplies for ACS warm sites or demobilized ACS facilities which can be redeployed for future rapid activation;
  • Wraparound services, as defined in the ACS Toolkit[27], necessary for minimal operational readiness;
  • Minimal level of medical and/or non-medical staffing, if necessary;
  • Site restoration to allow a facility that was/is being used as an ACS to return to normal operations until such time as the facility is needed as an ACS again in the event of a COVID-19 resurgence; and/or
  • Other costs necessary to maintain a minimum level of operational readiness.
• Non-Congregate ShelteringNon-congregate sheltering, including “medical sheltering” for those not in a medical facility, is covered primarily in the three following documents: Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering[28] fact sheet; Public Assistance: Non-Congregate Sheltering Delegation of Authority[29]; and FEMA Emergency Non-Congregate Sheltering during the COVID-19 Public Health Emergency, Version 2 (Interim) FEMA Policy 104-009-18.[30] Non-Congregate Sheltering costs will only be eligible through December 31, 2020. All time extensions for non-congregate sheltering activities after December 31, 2020 must be approved by the FEMA Assistant Administrator for Recovery. [31] Additionally, the FEMA Regional Administrator will approve the congregate sheltering in 30 day increments or less if a reassessment determines there is no longer a public health need. For purposes of eligibility under the COVID-19 declarations, FEMA will consider non-congregate sheltering for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency. See target populations in the Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering[32] fact sheet. Alternate care sites and temporary hospitals are not considered non-congregate sheltering and such requests should be routed through the proper channels. Support services such as case management, mental health counseling, and others are not eligible.[33] Non-Congregate Sheltering is subject to prior FEMA approval. See rules and information on delegated authority for FEMA Regional Administrators to approve in Public Assistance: Non-Congregate Sheltering Delegation of Authority.[34]
  1. Eligible work related to non-congregate sheltering includes, but is not limited to, the items enumerated in the Chapter 7.II.O(2) of the PAPPG v3.1.[35] Work must be necessary based on the type of shelter and the specific needs of the survivors.
  2. In recognition of the unique circumstances posed by COVID-19, additional work items may be eligible, such as:
     1. Cleaning and disinfection of non-congregate shelter facilities to avoid the spread of COVID-19, including necessary disinfection supplies and equipment.
     2. Face coverings, as recommended by the Centers for Disease Control and Prevention, to help slow the spread of COVID-19.
     3. Other items necessary to protect public health and safety during the COVID-19 pandemic. Refer to applicable public health authorities and/or FEMA guidance specific to the COVID-19 pandemic for guidance on what items may be necessary and appropriate.
• PPE
  • PPE for Medical Use (see “Medical Care” above)
  • PPE for other emergency work 9/15/2020 onward - Purchase and distribution of Personal Protective Equipment (PPE) that is directly related to the performance of otherwise eligible emergency work, or is provided to healthcare workers, patients with confirmed or suspected COVID-19 infection, and first responders.
    1. Funding for stockpiling a supply of eligible PPE is limited to a supply that is projected for up to 60 days from date of purchase.
    2. Funding for storing eligible PPE is limited to what is necessary to store a projected 60-day PPE supply.[36]
• Mass Casualty Management (Mortuary) Including storage of human remains and mass mortuary services, as necessary to manage fatalities caused by the COVID-19 pandemic.
  • May be Eligible Pre 9/15/2020
  • Eligible Post 9/15/2020
• Household pet sheltering and containment actions related to household pets in accordance with CDC guideline.
  • 9/15/2020 onward – May not be eligible as it is not affirmatively listed in the list of items reimbursable
• Purchase and distribution of food, water, ice, medicine, and other consumable supplies, to include personal protective equipment and hazardous material suits movement of supplies and persons. See Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance FEMA Policy FP 104-010-03.[37]

  Several indicators may demonstrate the need to purchase and distribute food in response to the COVID-19 pandemic:[38]

  1. Reduced mobility of people in need due to government-imposed restrictions, including “stay-at-home” orders, which prevent certain populations from accessing food;
  2. Marked increase or atypical demand for feeding resources; or
  3. Disruptions to the typical food supply chain within a given jurisdiction.

  Populations in an impacted community that may need the provision of food as a lifesaving and life-sustaining commodity, may include:[39]

  1. Those who test positive for COVID-19 or have been exposed to COVID-19, but who do not require hospitalization;
  2. High-risk individuals, such as people over 65 or with certain underlying health conditions; and Other populations based on the direction or guidance of the appropriate public health official.
  • Purchasing, packaging, and/or preparing food, including food commodities, fresh foods, shelf-stable food products, and prepared meals;
  • Delivering food, including hot and cold meals if necessary, to distribution points and/or individuals, when conditions constitute a level of severity that food is not easily accessible for purchase; and
  • Leasing distribution and storage space, vehicles, and necessary equipment.
• Movement of Supplies and Persons.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)[40]
• Security and Law Enforcement.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)
• Communications of general health and safety information to the public.
  • Note that on 9/15/2020 FEMA provided clarification that this expense includes “communications to disseminate public information regarding health and safety measures and provide warnings about risks and hazards.”
• Search and rescue to locate and recover members of the population requiring assistance.
  • 9/15/2020 onward – May not be eligible as it is not affirmatively listed in the list of items reimbursable.
• Reimbursement for state, tribe, territory and/or local government force account overtime costs.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)
• Purchase and distribution of face masks, including cloth facial covering, provided to persons conducting eligible emergency work and/or in facilities where eligible emergency work is performed.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)
• Temperature scanning, including purchase and distribution of hand-held temperature measuring devices and associated supplies, in facilities where eligible emergency work is performed.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)
• Acquisition and installation of temporary physical barriers, such as plexiglass barriers, in facilities where eligible emergency work is conducted.
  • 9/15/2020 onward – Only eligible for the items listed in C.4 of FEMA Policy FP 104-009-19 Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim)

Attachments

Attachment A – List of State Agencies for FEMA Centralized Recovery Efforts

Footnotes

[1]CARES Act, Pub. L. No. 116-136, § 5001, 134 Stat. 281, 501-04 (2020), (codified at 42 U.S.C. § 801). 

[2] https://home.treasury.gov/policy-issues/cares/state-and-local-governments

[3] Department of the Treasury, Payments to States and Eligible Units of Local Government (May 11, 2020). https://home.treasury.gov/system/files/136/Payments-to-States-and-Units-of-Local-Government.pdf

[4]Pub. L. No. 116-136, § 5001, 134 Stat. at 503 (codified at 42 U.S.C. § 801(f)).

[5]Department of the Treasury Office of Inspector General, Memorandum for Coronavirus Relief Fund Recipients, OIG-CA-20-021 (July 2, 2020) and Memorandum for Coronavirus Relief Fund Recipients, OIG-CA-20-025 (July 31, 2020). The memoranda define prime recipients as all 50 states, units of local governments, the District of Columbia, U.S. territories, and tribal governments that received a direct CRF payment from Treasury.

[6] Department of the Treasury, Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Updated September 9, 2020). https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-Governments.pdf

[7] Department of the Treasury Office of Inspector General, Memorandum for Coronavirus Relief Fund Recipients, OIG-CA-20-021 (July 2, 2020). https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-021.pdf

[8] Department of the Treasury Office of Inspector General, Memorandum for Coronavirus Relief Fund Recipients, OIG-CA-20-025 (July 31, 2020). https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-025.pdf

[9] Department of the Treasury Office of Inspector General, Coronavirus Relief Fund Frequently Asked Questions Related to Reporting and Recordkeeping (Revised), OIG-CA-20-028 (September 21, 2020). https://www.treasury.gov/about/organizational-structure/ig/Audit Reports and Testimonies/OIG-CA-20-028.pdf

[10] FEMA. Public Assistance Program and Policy Guide version 3.1. Published: April, 2018 Available at: https://www.fema.gov/media-library-data/1591036773793-4b7a09fc1680e09984629fc3ea77467a/PAPPG_3.1_508_FINAL_5-4-2018_ARCHIVED.pdf  FEMA. Public Assistance Program and Policy Guide version 4.0. Published: 6/1/2020. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_pappg_v4.pdf (version 4.0 is only used for non-congregate sheltering for this disaster – otherwise use v3.1).

[11] FEMA delineated eligible expenses in two policy guidance documents. The initial guidance (FEMA. Eligible Emergency Protective Measures. Published: 7/27/20. Available at: https://www.fema.gov/fact-sheet/eligible-emergency-protective-measures) laid out a broad set of eligible expenses, and an updated interim policy (FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf) limits and defines expenses from 9/15/2020 onward. For several categories of work FEMA provides additional critical clarifications specific to the COVID-19 disaster (FEMA. Public Assistance Disaster-Specific Guidance - COVID-19 Declarations. Published: 9/14/20. Available at: https://www.fema.gov/media-collection/public-assistance-disaster-specific-guidance-covid-19-declarations).

[12] FEMA. New York Covid-19 Pandemic (DR-4480-NY). Declared: 3/20/20. Available at: https://www.fema.gov/disaster/4480#

[13] FEMA. Public Assistance Program and Policy Guide version 3.1. Published: April, 2018 Available at: https://www.fema.gov/media-library-data/1591036773793-4b7a09fc1680e09984629fc3ea77467a/PAPPG_3.1_508_FINAL_5-4-2018_ARCHIVED.pdf

[14]FEMA. Eligible Protective Measures FAQ. Published: 7/27/20. Available at: https://www.fema.gov/fact-sheet/eligible-emergency-protective-measures

[15]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

[16]FEMA. Public Assistance Disaster-Specific Guidance – Covid-19 Declarations Published: 9/14/20. Available at: https://www.fema.gov/media-collection/public-assistance-disaster-specific-guidance-covid-19-declarations

[17]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

[18]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

[19]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

[20]FEMA. Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance FEMA Policy FP 104-010-04 Published: 5/9/20. Available at: https://www.fema.gov/sites/default/files/2020-06/PA_Medical_Care_Policy_for_COVID-19_508.pdf

[21]FEMA. Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) “Warm Sites”. Published: 5/12/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_alernate-care-site_warm-sites_factsheet.pdf

[22]FEMA. Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance FEMA Policy FP 104-010-04 Published: 5/9/20. Available at: https://www.fema.gov/sites/default/files/2020-06/PA_Medical_Care_Policy_for_COVID-19_508.pdf

[23]FEMA. Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance FEMA Policy FP 104-010-04 Published: 5/9/20. Available at: https://www.fema.gov/sites/default/files/2020-06/PA_Medical_Care_Policy_for_COVID-19_508.pdf

[24]FEMA. Coronavirus (COVID-19) Pandemic: Medical Care Costs Eligible for Public Assistance FEMA Policy FP 104-010-04 Published: 5/9/20. Available at: https://www.fema.gov/sites/default/files/2020-06/PA_Medical_Care_Policy_for_COVID-19_508.pdf

[25]FEMA. Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) “Warm Sites”. Published: 5/12/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_alernate-care-site_warm-sites_factsheet.pdf

[26]FEMA. Coronavirus (COVID-19) Pandemic: Alternate Care Site (ACS) “Warm Sites”. Published: 5/12/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_alernate-care-site_warm-sites_factsheet.pdf

[27] Federal Healthcare Resilience Task Force. Alternate Care Site Toolkit Third Edition. Published: 6/30/20. Available at: https://files.asprtracie.hhs.gov/documents/acs-toolkit-ed1-20200330-1022.pdf

[28]FEMA. Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering.  Published: 3/21/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_noncongregate-sheltering-faq_factsheet.pdf

[29]FEMA. Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering.  Published: 3/21/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_noncongregate-sheltering-faq_factsheet.pdf

[30]FEMA. FEMA Emergency Non-Congregate Sheltering during the COVID-19 Public Health Emergency, Version 2(Interim) FEMA Policy 104-009-18.  Published: 8/29/20 Available at: https://www.fema.gov/sites/default/files/2020-09/fema_emergency-non-congregate-sheltering-during-covid-19_policy_8-29-2020.pdf

[31]FEMA. FEMA Emergency Non-Congregate Sheltering during the COVID-19 Public Health Emergency, Version 2(Interim) FEMA Policy 104-009-18.  Published: 8/29/20 Available at: https://www.fema.gov/sites/default/files/2020-09/fema_emergency-non-congregate-sheltering-during-covid-19_policy_8-29-2020.pdf

[32]FEMA. Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering.  Published: 3/21/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_noncongregate-sheltering-faq_factsheet.pdf

[33]FEMA. Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering.  Published: 3/21/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_noncongregate-sheltering-faq_factsheet.pdf

[34]FEMA. Coronavirus (COVID-19) Pandemic: Non-Congregate Sheltering.  Published: 3/21/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_noncongregate-sheltering-faq_factsheet.pdf

[35]FEMA. Public Assistance Program and Policy Guide version 3.1. Published: April, 2018 Available at: https://www.fema.gov/media-library-data/1591036773793-4b7a09fc1680e09984629fc3ea77467a/PAPPG_3.1_508_FINAL_5-4-2018_ARCHIVED.pdf

[36]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published: 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

[37]FEMA.  Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance FEMA Policy FP 104-010-03.  Published: 4/11/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_purchase-and-distributions-of-food_policy.pdf

[38]FEMA.  Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance FEMA Policy FP 104-010-03.  Published: 4/11/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_purchase-and-distributions-of-food_policy.pdf

[39]FEMA.  Coronavirus (COVID-19) Pandemic: Purchase and Distribution of Food Eligible for Public Assistance FEMA Policy FP 104-010-03.  Published: 4/11/20. Available at: https://www.fema.gov/sites/default/files/2020-07/fema_covid_purchase-and-distributions-of-food_policy.pdf

[40]FEMA. Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim) FEMA Policy FP 104-009-19. Published: 9/1/20. Available at: https://www.fema.gov/sites/default/files/2020-09/fema_public-assistance-eligibility-for-covid_policy_9-1-2020.pdf

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