Regulation detail

E-Tag E-0024

Up to date
Ask Ariadne
SR
E-Tag E-0024 active

§403.748(b)(6), §416.54(b)(5), §418.113(b)(4), §441.184(b)(6), §460.84(b)(7),

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

This federal emergency preparedness regulation requires healthcare facilities to develop and implement policies and procedures addressing the use of volunteers and other emergency staffing strategies during a surge, including integration of State and Federally designated health care professionals. Facilities must plan for surge scenarios arising from natural disasters, infectious disease outbreaks, and pandemics, and must address credentialing and privileging of volunteer healthcare professionals. Policies must be reviewed at least every two years (annually for long-term care facilities) and aligned with the facility's risk assessment and communication plan. This tag applies across a broad range of CMS-regulated provider types as listed in the cited CFR sections.

View official source
Regulation text
E-0024
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 

§403.748(b)(6), §416.54(b)(5), §418.113(b)(4), §441.184(b)(6), §460.84(b)(7), 
§482.15(b)(6), §483.73(b)(6), §483.475(b)(6), §484.102(b)(5), §485.68(b)(4), 
§485.625(b)(6), §485.727(b)(4), §485.920(b)(5), §491.12(b)(4), §494.62(b)(5). 
 
[(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:] 
 
(6) [or (4), (5), or (7) as noted above] The use of volunteers in an emergency or other 
emergency staffing strategies, including the process and role for integration of State 
and Federally designated health care professionals to address surge needs during an 
emergency. 
 
*[For RNHCIs at §403.748(b):] Policies and procedures. (6) The use of volunteers in 
an emergency and other emergency staffing strategies to address surge needs during 
an emergency. 
 
*[For Hospice at §418.113(b):] Policies and procedures. (4) The use of hospice 
employees in an emergency and other emergency staffing strategies, including the 
process and role for integration of State and Federally designated health care 
professionals to address surge needs during an emergency. 
 
Interpretive Guidelines applies to: §403.748(b)(6), §416.54(b)(5), §418.113(b)(4), 
§441.184(b)(6), §460.84(b)(7), §482.15(b)(6), §483.73(b)(6), §483.475(b)(6), 
§484.102(b)(5), §485.68(b)(4), §485.625(b)(6), §485.727(b)(4), §485.920(b)(5), 
§491.12(b)(4), §494.62(b)(5). 
 
NOTE: This does not apply to Transplant Programs, or OPOs. 
 
Surge Planning 
 
Emergencies, whether natural disasters, man-made disasters or infectious disease 
outbreaks, stress our healthcare systems through challenges with capacity and capability. 
While it is not possible to predict every scenario which could result in surge situations, 
healthcare facilities must have policies and procedures which include emergency staffing 
strategies and plan for emergencies. These strategies encompass procedures to preserve 
the healthcare system while continuing to provide care for all patients, at the appropriate 
level (e.g., home-based care, outpatient, urgent care, emergency room, or 
hospitalization). 
 
Facilities must have policies which address their ability to respond to a surge in patients 
requiring care. As required, these policies and procedures must be aligned with a 

facility’s risk assessment, and should include planning for EIDs. Concentrated efforts 
will be required to mobilize all aspects of the healthcare system to reduce transmission of 
disease, direct people to the right level of care, and decrease the burden on the 
healthcare system. 
 
Surge Planning During Natural Disasters 
 
In most circumstances, staffing strategies and surge planning surrounding natural 
disasters such as hurricanes are generally event specific and focus on evacuations, 
transfers, and staffing assistance from areas which are not impacted by the emergency. 
For instance, in response to Hurricane Sandy and Hurricane Katrina, while these events 
were considered large-scale natural disasters, assistance was more accessible in relation 
to staffing assistance, response assistance from local, state and federal partners as well 
as management of supplies. 
 
Surge Planning for Infectious Diseases/Pandemics 
 
Infectious diseases by nature may rise to the level of pandemic, causing severe impact on 
response and staffing strategies within the healthcare system. The primary goals in 
planning for infectious disease pandemics are to: 
• Reduce morbidity and mortality 
• Minimize disease transmission 
• Protect healthcare personnel 
• Preserve healthcare system functioning 
 
Surge Planning Considerations 
 
Facilities are encouraged to consider development of policies and procedures that could 
be implemented during an emergency to reduce non-essential healthcare visits and slow 
surge within the facility, such as: 
• Instructing patients to use available advice lines, patient portals, and/or on-line 
self-assessment tools; 
• Call options to speak to an office/clinic staff and identification of staff to conduct 
telephonic interactions with patients; 
• Development of protocols so that staff can triage and assess patients quickly; 
• Determine algorithms to identify which patients can be managed by telephone 
and advised to stay home, and which patients will need to be sent for emergency 
care or come to your facility. 
 
NOTE: Facilities are required to have a risk assessment in accordance with E-0004, 
however we recommend that facilities also consider implications or evaluation of staffing 
needs. For instance, if a facility identifies a particular hazard, the facility should 
consider what staffing needs are required to ensure patients continue to receive care. 
 
Volunteers- Medical and Non-Medical 

During an emergency, a facility may also need to accept volunteer support from 
individuals with varying levels of skills and training. The facility must have policies and 
procedures in place to facilitate this support. In order for volunteering healthcare 
professionals to be able to perform services within their scope of practice and training, 
facilities must include any necessary privileging and credentialing processes in its 
emergency preparedness plan policies and procedures. Non-medical volunteers would 
perform non-medical tasks. Facilities have flexibility in determining how best to utilize 
volunteers during an emergency as long as such utilization is in accordance with State 
law, State scope of practice rules, and facility policy. These may also include federally 
designated health care professionals, such as Public Health Service (PHS) staff, National 
Disaster Medical System (NDMS) medical teams, Department of Defense (DOD) Nurse 
Corps, Medical Reserve Corps (MRC), or personnel such as those identified in federally 
designated Health Professional Shortage Areas (HPSAs) to include licensed primary care 
medical, dental, and mental/behavioral health professionals. Facilities are also 
encouraged to collaborate with State-established volunteer registries, and where possible, 
State-based Emergency System for Advanced Registration of Volunteer Health 
Professionals (ESAR-VHP). 
 
Facilities are expected to include in its emergency plan a method for contacting off-duty 
staff during an emergency and procedures to address other contingencies in the event 
staff are not able to report to duty which may include, but are not limited to, utilizing 
staff from other facilities and state or federally-designated health professionals. 
 
We would recommend that facilities include policies and procedures on the use of 
volunteers including if a facility chooses not to use volunteers, however at a minimum, 
the facility must have policies and procedures which address emergency staffing 
strategies. Providers and suppliers should have policies and guidelines for sheltering 
volunteers and any State and Federally designated health care professionals to address 
surge needs during an emergency. Facilities must determine their policies based on the 
emergency and the types of volunteers that may be present during and after an 
emergency (81 FR at 63881). 
 
Resources 
 
Facilities are recommended to review the tools available related to planning for surge. 
ASPR TRACIE has developed multiple documents which could provide additional 
assistance during the development of policies and procedures, which include but are not 
limited to 
https://asprtracie.s3.amazonaws.com/documents/aspr-tracie-considerations-
for-the-use-of-temporary-care-locations-for-managing-seasonal-patient-surge.pdf 
Survey Procedures 
• Ask facility leadership to explain their staffing strategies. Do they use volunteers? Do 
they have other emergency staffing strategies, if no volunteers are used? 
• Verify the facility has included policies and procedures for the use of volunteers and 
other emergency staffing strategies in its emergency plan. 
• Verify that the facility’s program includes a policy and procedure which addresses 
surge needs during an emergency.