Woodland Hills Medical Center Nursing Tower
Appeal Brief
Appeal Letter
Citation: Kaiser Foundation Hospitals, P.A.I.D. #037-90328, Woodland Hills Medical Center, Nursing Tower-Building #401C, FEMA-1008-DR-CA, DSR #77461.
Cross-Reference: Subject: Appeal deadline. FEMA Record: DSR #77461.
Summary: The applicant appealed the Regional Director's determination that it did not submit its appeal of DSR 77461 to FEMA within the regulatory timeframe. On July 23, 1997, FEMA issued DSR #77461 for $0, but Kaiser did not submit a first appeal until July 16, 1999.
Issues: The applicant claims that FEMA had combined this appeal with applicants appeal on the Santa Clarita Hospital, for which the issue was the same (Contractor responsibility). The Santa Clarita appeal was ruled in Kaiser's favor.
Findings: FEMA has reviewed the documents submitted by the subgrantee, including additional documents submitted in November 2000 in response to a FEMA request for more information, and have been unable to find any document to support a finding that Kaiser Foundation Hospitals had appealed DSR 77461 within the regulatory timeframe pursuant to 44 CFR 206.206, other than an internal Kaiser memo. There is no documentary evidence that the applicant had communicated with FEMA after that DSR had been approved for $0 about combining it with the second appeal for Santa Clarita Hospital. The appeal was denied.
Rationale: 44 CFR 206.206(c)
Appeal Brief
| Disaster | FEMA-1008-DR |
| Applicant | Kaiser Foundation Hospitals |
| Appeal Type | Second |
| PA ID# | 037-90328 |
| PW ID# | 77461 |
| Date Signed | 2001-02-09T05:00:00 |
Cross-Reference: Subject: Appeal deadline. FEMA Record: DSR #77461.
Summary: The applicant appealed the Regional Director's determination that it did not submit its appeal of DSR 77461 to FEMA within the regulatory timeframe. On July 23, 1997, FEMA issued DSR #77461 for $0, but Kaiser did not submit a first appeal until July 16, 1999.
Issues: The applicant claims that FEMA had combined this appeal with applicants appeal on the Santa Clarita Hospital, for which the issue was the same (Contractor responsibility). The Santa Clarita appeal was ruled in Kaiser's favor.
Findings: FEMA has reviewed the documents submitted by the subgrantee, including additional documents submitted in November 2000 in response to a FEMA request for more information, and have been unable to find any document to support a finding that Kaiser Foundation Hospitals had appealed DSR 77461 within the regulatory timeframe pursuant to 44 CFR 206.206, other than an internal Kaiser memo. There is no documentary evidence that the applicant had communicated with FEMA after that DSR had been approved for $0 about combining it with the second appeal for Santa Clarita Hospital. The appeal was denied.
Rationale: 44 CFR 206.206(c)
Appeal Letter
February 9, 2001
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741-9023
RE: Kaiser Foundation Hospitals, P.A.I.D. #037-90328, Woodland Hills Medical Center, Nursing Tower-Building #401C, FEMA-1008-DR-CA, DSR #77461
Dear Mr. Christian:
This letter is in response to your letter of July 3, 2000 forwarding the second appeal of Damage Survey Report (DSR) # 77461 submitted by the Kaiser Foundation Hospitals (applicant) to OES on April 28, 2000. The applicant is appealing the Regional Director's determination that it did not submit its appeal of DSR 77461 to FEMA within the regulatory timeframe.
On July 23, 1997, FEMA issued DSR #77461 for $0, but Kaiser did not submit a first appeal until July 16, 1999. FEMA has reviewed the documents submitted by the subgrantee, including additional documents submitted in November 2000 in response to a FEMA request for more information, and have been unable to find any document to support a finding that Kaiser Foundation Hospitals had appealed DSR 77461 within the regulatory timeframe pursuant to 44 CFR 206.206, other than an internal Kaiser memo. There is no documentary evidence that the applicant had communicated with FEMA after that DSR had been approved for $0 about combining it with the second appeal for Santa Clarita Hospital.
In addition, we have been unable to find any document in the FEMA files affirming that the Woodland Hills issue had been combined with that for Santa Clarita when the Santa Clarita second appeal was sent to Headquarters. Indeed, each of these two different buildings is under a different division of Kaiser Permanente, each of which have different Public Assistance identification numbers. In light of the absence of documentation verifying that Kaiser had communicated with FEMA either about a first appeal of the Woodland case, or combining it with the second appeal of Santa Clarita, I regret that I have no basis for accepting an appeal that was submitted more than two years after the original determination was made. Therefore, I am denying the appeal.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: David Fukutomi
Disaster Recovery Manager
Northridge Long-Term Recovery Area Office
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741-9023
RE: Kaiser Foundation Hospitals, P.A.I.D. #037-90328, Woodland Hills Medical Center, Nursing Tower-Building #401C, FEMA-1008-DR-CA, DSR #77461
Dear Mr. Christian:
This letter is in response to your letter of July 3, 2000 forwarding the second appeal of Damage Survey Report (DSR) # 77461 submitted by the Kaiser Foundation Hospitals (applicant) to OES on April 28, 2000. The applicant is appealing the Regional Director's determination that it did not submit its appeal of DSR 77461 to FEMA within the regulatory timeframe.
On July 23, 1997, FEMA issued DSR #77461 for $0, but Kaiser did not submit a first appeal until July 16, 1999. FEMA has reviewed the documents submitted by the subgrantee, including additional documents submitted in November 2000 in response to a FEMA request for more information, and have been unable to find any document to support a finding that Kaiser Foundation Hospitals had appealed DSR 77461 within the regulatory timeframe pursuant to 44 CFR 206.206, other than an internal Kaiser memo. There is no documentary evidence that the applicant had communicated with FEMA after that DSR had been approved for $0 about combining it with the second appeal for Santa Clarita Hospital.
In addition, we have been unable to find any document in the FEMA files affirming that the Woodland Hills issue had been combined with that for Santa Clarita when the Santa Clarita second appeal was sent to Headquarters. Indeed, each of these two different buildings is under a different division of Kaiser Permanente, each of which have different Public Assistance identification numbers. In light of the absence of documentation verifying that Kaiser had communicated with FEMA either about a first appeal of the Woodland case, or combining it with the second appeal of Santa Clarita, I regret that I have no basis for accepting an appeal that was submitted more than two years after the original determination was made. Therefore, I am denying the appeal.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: David Fukutomi
Disaster Recovery Manager
Northridge Long-Term Recovery Area Office
Last updated