Regulation detail

E-Tag E-0022

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E-Tag E-0022 active

§403.748(b)(4), §416.54(b)(3), §418.113(b)(6)(i), §441.184(b)(4), §460.84(b)(5),

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

This CMS emergency preparedness regulation requires facilities to develop and implement policies and procedures for sheltering in place during emergencies when evacuation is not feasible. Facilities must establish criteria for determining which patients, staff, and volunteers would shelter in place, and align those procedures with their risk assessment and emergency plan. Policies must be reviewed and updated at least every two years (annually for long-term care facilities). Surveyors will verify that shelter-in-place policies exist and are consistent with the facility's overall emergency plan.

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Regulation text
E-0022
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§403.748(b)(4), §416.54(b)(3), §418.113(b)(6)(i), §441.184(b)(4), §460.84(b)(5), 
§482.15(b)(4), §483.73(b)(4), §483.475(b)(4), §485.68(b)(2), §485.625(b)(4), 
§485.727(b)(2), §485.920(b)(3), §491.12(b)(2), §494.62(b)(3). 
 
(b) Policies and procedures. The [facilities] must develop and implement emergency 
preparedness policies and procedures, based on the emergency plan set forth in 
paragraph (a) of this section, risk assessment at paragraph (a)(1) of this section, and 
the communication plan at paragraph (c) of this section. The policies and 
procedures must be reviewed and updated at least every 2 years [annually for LTC 
facilities]. At a minimum, the policies and procedures must address the following:] 
 
[(4) or (2),(3),(5),(6)] A means to shelter in place for patients, staff, and volunteers 
who remain in the [facility]. 
 
*[For Inpatient Hospices at §418.113(b):] Policies and procedures. 
(6) The following are additional requirements for hospice-operated inpatient care 
facilities only. The policies and procedures must address the following: 
(i) A means to shelter in place for patients, hospice employees who remain in 
the hospice. 
 
Interpretive Guidelines applies to: §403.748(b)(4), §416.54(b)(3), §418.113(b)(6)(i), 
§441.184(b)(4), §460.84(b)(5), §482.15(b)(4), §483.73(b)(4),
 §483.475(b)(4), 

§485.68(b)(2), §485.625(b)(4), §485.727(b)(2), §485.920(b)(3), §491.12(b)(2), 
§494.62(b)(3). 
 
NOTE: This does not apply to Transplant Programs, HHAs or OPOs. 
 
Emergency plans must include a means for sheltering all patients, staff, and volunteers 
who remain in the facility in the event that an evacuation cannot be executed. In certain 
disaster situations (such as tornadoes) , sheltering in place may be more appropriate as 
opposed to evacuation and would require a facility to have a means to shelter in place for 
such emergencies. Therefore, facilities are required to have policies and procedures for 
sheltering in place which align with the facility’s risk assessment. 
 
Facilities are expected to include in their policies and procedures the criteria for 
determining which patients and staff would be sheltered in place. When developing 
policies and procedures for sheltering in place, facilities should consider the ability of 
their building(s) to survive a disaster and what proactive steps they could take prior to an 
emergency to facilitate sheltering in place or transferring of patients to alternate settings 
if their facilities were affected by the emergency. For example, if it is dangerous to 
evacuate or the emergency affects available sites for transfer or discharge, then the 
patients would remain in the facility until it was safe to effectuate transfers or discharges. 
The plan should take into account the appropriate facilities in the community to which 
patients could be transferred in the event of an emergency. Facilities must determine 
their policies based on the type of emergency and the types of patients, staff, volunteers 
and visitors that may be present during an emergency. Based on its emergency plan, a 
facility could decide to have various approaches to sheltering some or all of its patients 
and staff. 
 
Survey Procedures 
• Verify the emergency plan includes policies and procedures for how it will provide a 
means to shelter in place for patients, staff and volunteers who remain in a facility. 
• Review the policies and procedures for sheltering in place and evaluate if they 
aligned with the facility’s emergency plan and risk assessment.