CMS finalizes emergency preparedness rule

Medicare and Medicaid providers will have to comply with CMS’s four new standards on emergency preparedness for natural and man-made disasters.

The finalized rule comes three years after the first version of the proposed rule was released, and will require providers of suppliers to coordinate with emergency preparedness organizations within all levels of government to make sure facilities like hospitals “are adequately prepared to meet the needs of their patients during disasters and emergency situations.”

“Situations like the recent flooding in Baton Rouge, Louisiana, remind us that in the event of an emergency, the first priority of healthcare providers and suppliers is to protect the health and safety of their patients,” CMS CMO Patrick Conway, MD, said in a statement.  “Preparation, planning and one comprehensive approach for emergency preparedness is key. One life lost is one too many.”

CMS said the current regulations “were not comprehensive enough” for such a complicated task like emergency preparedness and didn’t touch on critical areas like coordinating with other facilities or training personnel.

Under the final rule, providers and suppliers will be required to meet four standards:

1. Develop an emergency plan “focusing on capacities and capabilities that are critical to preparedness for a full spectrum of emergencies or disasters specific to the location of a provider or supplier.”
2. Create policies based on the emergency plan and risk assessment.
3. Develop a communication plan to coordinate with patients, as well as emergency management and public health agencies.
4. Create a training program which includes running emergency drills twice a year unless an actual incident tests the emergency plan.

CMS said the standards will take into account the roles of different facilities. For example, hospitals, critical access hospitals, and long-term care facilities will have to install and maintain emergency and backup power systems. Outpatient providers, like end-stage renal disease facilities, however, won’t “be required to have policies and procedures for provision of subsistence needs.”

Potentially more expensive standards from the proposed rule were removed, such as removing the requirement for additional hours of generator testing.

Nicole Lurie, MD, HHS’s assistant secretary for preparedness and response, made the case that contingency plans are good for business.

“For the healthcare industry, being disaster-ready actually may provide a competitive edge,” Lurie said in a blog post. “While the healthcare providers go into their respective fields for altruistic reasons, the U.S. healthcare industry is a highly competitive business. Being able to maintain services and provide excellent patient care amidst a disaster is an essential business function.”

The rule will go into effect 60 days after its published on the Federal Register.