Regulation detail

E-Tag E-0004

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E-Tag E-0004 active

§403.748(a), §416.54(a), §418.113(a), §441.184(a), §460.84(a), §482.15(a), §483.73(a),

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
HOME_HEALTH (100%) HOSPICE (100%) SNF (100%)
Plain-English summary

This federal CMS regulation requires a broad range of Medicare/Medicaid-certified facility types to develop, maintain, and periodically review a comprehensive emergency preparedness plan using an all-hazards approach. The plan must address natural, man-made, and facility-based disasters, as well as emerging infectious diseases, and must be reviewed and updated at least every two years (annually for long-term care facilities). Facilities must document the date of each review and any updates made, and must coordinate with local, state, and federal emergency preparedness officials. Surveyors will verify the existence, completeness, and currency of the plan.

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Regulation text
E-0004
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§403.748(a), §416.54(a), §418.113(a), §441.184(a), §460.84(a), §482.15(a), §483.73(a), 
§483.475(a), §484.102(a), §485.68(a), §485.625(a), §485.727(a), §485.920(a), 
§486.360(a), §491.12(a), §494.62(a). 
 
The [facility] must comply with all applicable Federal, State and local emergency 
preparedness requirements. The [facility] must develop establish and maintain a 
comprehensive emergency preparedness program that meets the requirements of 
this section. The emergency preparedness program must include, but not be limited 
to, the following elements: 
 
(a) Emergency Plan. The [facility] must develop and maintain an emergency 
preparedness plan that must be [reviewed], and updated at least every 2 years. The 
plan must do all of the following: 
 
* [For hospitals at §482.15 and CAHs at §485.625(a):] Emergency Plan. The [hospital 
or CAH] must comply with all applicable Federal, State, and local emergency 
preparedness requirements. The [hospital or CAH] must develop and maintain a 
comprehensive emergency preparedness program that meets the requirements of 
this section, utilizing an all-hazards approach. 
 
* [For LTC Facilities at §483.73(a):] Emergency Plan. The LTC facility must develop 
and maintain an emergency preparedness plan that must be reviewed, and updated 
at least annually. 
* [For ESRD Facilities at §494.62(a):] Emergency Plan. The ESRD facility must 
develop and maintain an emergency preparedness plan that must be [evaluated], 
and updated at least every 2 years. 

Interpretive Guidelines applies to: §403.748(a), §416.54(a), §418.113(a), §441.184(a), 
§460.84(a), §482.15(a), §483.73(a), §483.475(a), §484.102(a), §485.68(a), §485.625(a), 
§485.727(a), §485.920(a), §486.360(a), §491.12(a), §494.62(a). 
 
NOTE: This does not apply to Transplant Programs. 
 
Emergency Plan- General 
 
Facilities are required to develop and maintain an emergency preparedness plan. The 
plan must include all of the required elements under the standard. The plan must be 
reviewed and updated at least every 2 years, with the exception for LTC facilities which 
must review and update their plan on an annual basis. This periodic review must be 
documented to include the date of the review and any updates made to the emergency 
plan based on the review. The format of the emergency preparedness plan that a facility 
uses is at its discretion. While this 2-year review process (except for LTC facilities) 
provides more flexibilities for providers to update their program as they see fit, facilities 
are encouraged to continue to review and update their emergency preparedness plans 
and train their staff accordingly as the plan may change on a more frequent basis (84 FR 
at 51756). 
 
An emergency plan is one part of a facility's emergency preparedness program. The plan 
provides the framework, which includes conducting facility-based and community-based 
risk assessments that will assist a facility in addressing the needs of their patient 
populations, along with identifying the continuity of business operations which will 
provide support during an actual emergency. 
 
Elements of the Emergency Plan 
 
In addition, the emergency plan supports, guides, and ensures a facility's ability to 
collaborate with local emergency preparedness officials. This approach is specific to the 
location of the facility and considers particular hazards most likely to occur in the 
surrounding area. These include, but are not limited to: 
• Natural disasters 
• Man-made disasters, 
• Facility-based disasters that include but are not limited to: 
o Care-related emergencies; 
o Equipment and utility failures, including but not limited to power, water, gas, etc.; 
o Interruptions in communication, including cyber-attacks; 
o Loss of all or portion of a facility; and 
o Interruptions to the normal supply of essential resources, such as water, food, fuel 
(heating, cooking, and generators), and in some cases, medications and medical 
supplies (including medical gases, if applicable). 
• Emerging infectious diseases (EIDs) such as Influenza, Ebola, Zika Virus and others. 

o These EIDs may require modifications to facility protocols to protect the health 
and safety of patients, such as isolation and personal protective equipment (PPE) 
measures. 
 
Emerging Infectious Diseases (EIDs) 
 
As facilities develop or make revisions to their emergency preparedness plans, EID’s are 
a potential threat which can impact the operations and continuity of care within a 
healthcare setting and should be considered. The type of infectious diseases to consider 
or the care-related emergencies that are a result of infectious diseases are not specified. 
Adding EID’s within a facility’s risk assessment ensures that facilities consider having 
infection prevention personnel involved in the planning, development and revisions to the 
emergency preparedness program, as these individuals would likely be coordinating 
activities within the facility during a potential surge of patients. 
 
Some examples of EID’s may include, but are not limited to: 
o Hazardous Waste 
o Bioterrorism 
o Pandemic Flu 
o Highly Communicable Diseases (such as Ebola, Zika Virus, SARS, or 
novel COVID-19 or SARS-CoV-2) 
 
EID’s may be localized to a certain community or be widespread (as seen with the 
COVID-19 PHE) and therefore plans for coordination with local, state, and federal 
officials are essential. Facilities should engage and coordinate with their local 
healthcare systems and healthcare coalitions, and their state and local health 
departments when deciding on ways to meet surge needs in their community. 
 
Understanding the Terminology 
 
CMS recognizes that there are differences in terminology used within the emergency 
preparedness industry pertaining to “continuity of operations” and “business 
continuity.” We consider “continuity of business” to incorporate all continuity 
operations and business continuity, which involves planning to ensure business 
operations will continue even during a disaster. The concept of continuity is the facility’s 
ability to continue operations or services related to patient care and to ensure patient 
safety and quality of care is continued in an emergency event. The emergency plan 
provides the framework, which includes conducting facility-based and community-based 
risk assessments that will assist a facility in addressing the needs of their patient 
populations, along with identifying the continuity of business operations which will 
provide support to services that are necessary during an actual emergency (81 FR 
63875-63876). For additional information related to continuity of operations, please 
visit the Federal Emergency Management Agency’s (FEMA’s) Continuity Guidance 
Circular at 
https://www.fema.gov/sites/default/files/2020-07/Continuity-Guidance-
Circular_031218.pdf. 
Essential Services and Continuity of Care 

When evaluating potential interruptions to the normal supply of essential services, the 
facility should take into account the likely durations of such interruptions. Arrangements 
or contracts to re-establish essential utility services during an emergency should describe 
the timeframe within which the contractor is required to initiate services after the start of 
the emergency, how they will be procured and delivered in the facility’s local area, and 
that the contractor will continue to supply the essential items throughout and to the end of 
emergencies of varying duration. However, we recognize that contracts may be subject 
to some issues in itself as there are no guarantees in the event of a disaster that the 
contractor would be able to fulfill contract terms. 
 
Facilities should also be prepared to continue to provide care in a safe setting in the 
event that a contract is not able to be fulfilled during the event. The emergency plan 
should take into account contingency planning, such as evacuation triggers in the event 
essential resources provided by the contractor cannot be fulfilled. 
 
Finally, facilities should also include in their planning and revisions of existing plans, 
contracts and inventory of supply needs; availability of personal protective equipment 
(PPE); critical care equipment; and transportation options/needs to be prepared for 
surge events. NOTE: This is also further elaborated under the facility policies and 
procedures required by facilities under the emergency preparedness program. 
 
Survey Procedures 
• Verify the facility has an emergency preparedness plan by asking to see a copy of the 
plan. 
• Ask facility leadership to identify the hazards (e.g. natural, man-made, facility, 
geographic, etc.) that were identified in the facility’s risk assessment and how the risk 
assessment was conducted. 
• Review the plan to verify it contains all of the required elements. 
• Verify that the plan is reviewed and updated every 2 years (annually for LTC 
facilities) by looking for documentation of the date of the review and updates that 
were made to the plan based on the review