Regulation detail

E-Tag E-0006

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E-Tag E-0006 active

§403.748(a)(1)-(2), §416.54(a)(1)-(2), §418.113(a)(1)-(2), §441.184(a)(1)-(2),

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

This federal CMS emergency preparedness regulation requires covered facilities to develop, maintain, and update an emergency preparedness plan based on documented facility-based and community-based risk assessments using an all-hazards approach. Facilities must identify potential hazards specific to their geographic location and patient population, and develop strategies to address those risks. Special requirements apply to long-term care facilities (annual review, missing residents), ICF/IIDs (missing clients), and hospices (power failures and natural disasters). This tag applies across a broad range of Medicare/Medicaid provider types, including ICF/IIDs, and governs emergency planning standards rather than clinical care standards.

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Regulation text
E-0006
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§403.748(a)(1)-(2), §416.54(a)(1)-(2), §418.113(a)(1)-(2), §441.184(a)(1)-(2), 
§460.84(a)(1)-(2), §482.15(a)(1)-(2), §483.73(a)(1)-(2), §483.475(a)(1)-(2), 
§484.102(a)(1)-(2), §485.68(a)(1)-(2), §485.625(a)(1)-(2), §485.727(a)(1)-(2), 
§485.920(a)(1)-(2), §486.360(a)(1)-(2), §491.12(a)(1)-(2), §494.62(a)(1)-(2) 
 
[(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 the following:] 
 
(1) Be based on and include a documented, facility-based and community-based risk 
assessment, utilizing an all-hazards approach.* 
 
(2) Include strategies for addressing emergency events identified by the risk 
assessment. 
 
* [For Hospices at §418.113(a):] Emergency Plan. The Hospice must develop and 
maintain an emergency preparedness plan that must be reviewed, and updated at 
least every 2 years. The plan must do the following: 
(1) Be based on and include a documented, facility-based and community-based risk 
assessment, utilizing an all-hazards approach. 
(2) Include strategies for addressing emergency events identified by the risk 
assessment, including the management of the consequences of power failures, 
natural disasters, and other emergencies that would affect the hospice’s ability to 
provide care. 
 
*[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. The plan must do the following: 
(1) Be based on and include a documented, facility-based and community-based risk 
assessment, utilizing an all-hazards approach, including missing residents. 

(2) Include strategies for addressing emergency events identified by the risk 
assessment. 
 
*[For ICF/IIDs at §483.475(a):] Emergency Plan. The ICF/IID must develop and 
maintain an emergency preparedness plan that must be reviewed, and updated at 
least every 2 years. The plan must do the following: 
 
(1) Be based on and include a documented, facility-based and community-based risk 
assessment, utilizing an all-hazards approach, including missing clients. 
(2) Include strategies for addressing emergency events identified by the risk 
assessment. 
 
Interpretive Guidelines applies to: §403.748(a)(1)-(2), §416.54(a)(1)-(2), 
§418.113(a)(1)-(2), §441.184(a)(1)-(2), §460.84(a)(1)-(2), §482.15(a)(1)-(2), 
§483.73(a)(1)-(2), §483.475(a)(1)-(2), §484.102(a)(1)-(2), §485.68(a)(1)-(2), 
§485.625(a)(1)-(2), §485.727(a)(1)-(2), §485.920(a)(1)-(2), §491.12(a)(1)-(2), 
§494.62(a)(1)-(2). 
 
NOTE: This does not apply to Transplant Programs. 
 
Risk Assessments Using All-Hazards Approach 
 
Facilities are expected to develop an emergency preparedness plan that is based on the 
facility-based and community-based risk assessment using an “all-hazards” approach. 
Though a format is not specified, facilities must document the risk assessment. An 
example consideration may include, but is not limited to, natural disasters prevalent in a 
facility’s geographic region such as wildfires, tornados, flooding, etc. An all-hazards 
approach is an integrated approach to emergency preparedness planning that focuses on 
capacities and capabilities that are critical to preparedness for a full spectrum of 
emergencies or disasters, including pandemics and EIDs as noted under E-0004. This 
approach is specific to the location of the facility considering the types of hazards most 
likely to occur in the area, but should also include unforeseen widespread communicable 
diseases. Thus, all-hazards planning does not specifically address every possible threat 
or risk but ensures the facility will have the capacity to address a broad range of related 
emergencies. 
 
Also, a risk assessment is facility-based, which, among other things, considers a facility’s 
patient population and vulnerabilities. Facility-based and community-based risk 
assessments are intended to 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 (81 FR 63876). For instance, if a facility 
has a population which is primarily dependent on medical equipment and is not located 
near a nuclear power plant, the risk assessment would identify a higher risk for 
emergencies due to power failures than a potential for a nuclear disaster. Facilities are 
encouraged to utilize the concepts outlined in the National Preparedness System, 
published by the United States Department of Homeland Security’s Federal Emergency 

Management Agency (FEMA), as well as guidance provided by the Agency for 
Healthcare Research and Quality (AHRQ). 
 
Understanding Community-Based 
 
“Community” is not defined in order to afford facilities the flexibility in deciding which 
healthcare facilities and agencies it considers to be part of its community for emergency 
planning purposes. However, the term could mean entities within a state or multi-state 
region. The goal of the provision is to ensure that healthcare providers collaborate with 
other entities within a given community to promote an integrated response. Conducting 
integrated planning with state and local entities could identify potential gaps in state and 
local capabilities that can then be addressed in advance of an emergency. 
 
Facilities may rely on a community-based risk assessment developed by other entities, 
such as public health agencies, emergency management agencies, and regional health 
care coalitions or in conjunction with conducting its own facility-based assessment. If 
this approach is used, facilities are expected to have a copy of the community-based risk 
assessment and to work with the entity that developed it to ensure that the facility’s 
emergency plan is in alignment. 
 
Development of Risk Assessments based on the Plan 
 
When developing an emergency preparedness plan, facilities are expected to consider, 
among other things, the following: 
• Identification of all business functions essential to the facility’s operations that 
should be continued during an emergency; 
• Identification of all risks or emergencies that the facility may reasonably expect to 
confront; 
• Identification of all contingencies for which the facility should plan; 
• Consideration of the facility’s location; 
• Assessment of the extent to which natural or man-made emergencies may cause 
the facility to cease or limit operations; and, 
• Determination of what arrangements may be necessary with other health care 
facilities, or other entities that might be needed to ensure that essential services 
could be provided during an emergency. 
 
Risk Assessment Considerations: 
 
Based on the community threat and hazard identification process, facilities should select 
a comprehensive risk assessment tool that evaluates their risk and potential for hazards.. 
The comprehensive risk assessment should include all risks that could disrupt the 
facility’s operations and necessitate emergency response planning to address the risk 
mitigation requirements and ensure continuity of care. 
 
Using an all-hazards approach helps facilities consider and prepare for a variety of risks 
which may impact their healthcare settings. Facilities should categorize the various 

probable risks and hazards identified by likelihood of occurrence and further create 
supplemental risk assessments based on the disaster or public health emergency. For 
example: 
• For power loss and potential disruptions of services: Facilities can consider 
using a heat index or heat risk assessment to identify situations which present 
concerns related to patient care and safety. Facilities are required to maintain 
safe temperatures under (b) policies and procedures (see Tag E-0015), therefore 
a heat risk assessment can be considered as an additional risk assessment, but is 
not required. Facilities may find it helpful to refer to ASPR TRACIE for the 
Natural Disasters Topic Collection at 
https://asprtracie.hhs.gov/technical-
resources/36/natural-disasters/27. 
 
NOTE: In situations where the facility does not own the structure(s) where care is 
provided, it is the facility’s responsibility to discuss emergency preparedness concerns 
with the landlord to ensure continuation of care if the structure of the building and its 
utilities are impacted. 
 
• For public health emergencies, such as EIDs or pandemics: Facilities should 
consider risk assessments to include the needs of the patient population they serve 
in relation to a communicable or emerging infectious disease outbreak. Planning 
should include a process to evaluate the facility’s needs based on the specific 
characteristics of an EID that includes, but is not limited to: 
o Influx in need for PPE; 
o Considerations for screening patients and visitors; which may also 
include testing considerations for staff, visitors and patients for infectious 
diseases; 
o Transfers and discharges of patients; 
o Home-based healthcare settings; 
o Physical Environment, including but not limited to changes needed for 
distancing, isolation, or capacity/surge. 
 
Planning for Staffing in Emergencies: 
 
Facilities must develop strategies for addressing emergency events that were identified 
during the development of the facility- and community-based risk assessments. 
Examples of these strategies may include, but are not limited to, developing a staffing 
strategy if staff shortages were identified during the risk assessment or developing a 
surge capacity strategy if the facility has identified it would likely be requested to accept 
additional patients during an emergency. Facilities will also want to consider evacuation 
plans. For example, a facility in a large metropolitan city may plan to utilize the support 
of other large community facilities as alternate care sites for its patients if the facility 
needs to be evacuated. The facility is also expected to have a backup evacuation plan for 
instances in which nearby facilities are also affected by the emergency and are unable to 
receive patients. 
 
Additional Specific Requirements for LTC, ICF/IIDs and Hospice: 

• For LTC facilities and ICF/IIDs, written plans and the procedures are required to 
also include missing residents and clients, respectively, within their emergency 
plans. 
• Hospices must include contingencies for managing the consequences of power 
failures, natural disasters, and other emergencies that would affect the hospice’s 
ability to provide care. 
 
Survey Procedures 
• Ask to see the written documentation of the facility’s risk assessments and associated 
strategies. 
• Interview the facility leadership and ask which hazards (e.g. natural, man-made, 
facility, geographic) were included in the facility’s risk assessment, why they were 
included and how the risk assessment was conducted. 
• Verify the risk-assessment is facility-based and community-based, and based on an 
all-hazards approach specific to the geographic location of the facility and 
encompasses potential hazards, such as EIDs. 
 
NOTE: Surveyors are not expected to analyze a facility’s risk assessment to determine 
whether the identified risks are appropriate. Surveyors may take into consideration the 
geographic location and review the remaining standards to determine that the facility has 
addressed the hazards within their risk assessment through their policies and procedures. 
However, the intent is that surveyors review the risk assessments to determine if the 
facility has a risk assessment which is facility-based and also community-based. The 
facility’s risk assessment should describe a process facilities use to assess and document 
potential hazards that are likely to impact their geographical region, community, facility 
and patient population. The ranking of priority of the hazards and the format of the risk 
assessment is at the discretion and expertise of the facility.