May 17, 2017
Now that hurricane season is approaching and facilities must implement the CMS emergency preparedness rule by November 15, 2017, facilities should make sure they understand the rule’s requirements. We summarized these requirements in our earlier advisory about the rule, which was finalized on September 16, 2016. By way of example, this checklist provides a synopsis of what a long term care facility must do in order to achieve compliance.
The regulation requires that facilities develop an emergency preparedness plan, incorporating four components: Risk Assessment and Emergency Planning, Policies and Procedures, a Communication Plan, and a Training and Testing Program.
The following seventeen types of facilities are covered by the rule: Religious Nonmedical Health Care Institutions; Ambulatory Surgical Centers; Hospices; Psychiatric Residential Treatment Facilities; Programs of All-Inclusive Care for the Elderly; Hospitals; Transplant Centers; Long-Term Care Facilities – Skilled Nursing Facilities; Intermediate Care Facilities for Individuals with Intellectual Disabilities; Home Health Agencies; Comprehensive Outpatient Rehabilitation Facilities; Critical Access Hospitals; Clinics, Rehabilitation Agencies, and Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services; Community Mental Health Centers; Organ Procurement Organizations; Rural Health Clinics and Federally Qualified Health Centers; End-Stage Renal Disease Facilities.
Covered facilities should take immediate steps to ensure compliance with this rule. The rule’s implementation date is less than months away and conducting risk assessments and developing policies, procedures, and training programs can be time intensive. If you have any questions about compliance with this rule or require assistance with compliance, please contact a member of HDJN’s Compliance Team.
The information contained in this advisory is for general educational purposes only. It is presented with the understanding that neither the author nor Hancock, Daniel, Johnson & Nagle, PC, is offering any legal or other professional services. Since the law in many areas is complex and can change rapidly, this information may not apply to a given factual situation and can become outdated. Individuals desiring legal advice should consult legal counsel for up-to-date and fact-specific advice. Under no circumstances will the author or Hancock, Daniel, Johnson & Nagle, PC be liable for any direct, indirect, or consequential damages resulting from the use of this material.