Regulation detail

E-Tag E-0034

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E-Tag E-0034 active

§403.748(c)(7), §416.54(c)(7), §418.113(c)(7) §441.184(c)(7), §482.15(c)(7),

Jurisdiction: CM Agency: Centers for Medicare & Medicaid Services
HOME_HEALTH (100%) HOSPICE (100%) IDD_RESIDENTIAL (100%) PRTF (100%) PSYCH_FACILITY (80%) SNF (100%)
Plain-English summary

This federal CMS emergency preparedness regulation requires facilities to maintain a communication plan that includes a means of reporting the facility's needs and its ability to provide assistance to the authority having jurisdiction, the Incident Command Center, or designee. Hospitals, CAHs, RNHCIs, inpatient hospices, PRTFs, LTC facilities, and ICF/IIDs must additionally include a means of reporting occupancy information. The plan must be reviewed and updated at least every two years (annually for long-term care facilities). Surveyors will verify these elements are present in the facility's written communication plan.

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Regulation text
E-0034
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§403.748(c)(7), §416.54(c)(7), §418.113(c)(7) §441.184(c)(7), §482.15(c)(7), 
§460.84(c)(7), §483.73(c)(7), §483.475(c)(7), §484.102(c)(6), §485.68(c)(5), 
§485.68(c)(5), §485.727(c)(5), §485.625(c)(7), §485.920(c)(7), §491.12(c)(5), 
§494.62(c)(7). 
 
[(c) The [facility] must develop and maintain an emergency preparedness 
communication plan that complies with Federal, State and local laws and must be 
reviewed and updated at least every 2 years [annually for LTC facilities]. The 
communication plan must include all of the following: 
 
(7) [(5) or (6)] A means of providing information about the [facility’s] occupancy, 
needs, and its ability to provide assistance, to the authority having jurisdiction, the 
Incident Command Center, or designee. 
 
*[For ASCs at 416.54(c)]: (7) A means of providing information about the ASC’s 
needs, and its ability to provide assistance, to the authority having jurisdiction, the 
Incident Command Center, or designee. 
 
*[For Inpatient Hospice at §418.113(c):] (7) A means of providing information about 
the hospice’s inpatient occupancy, needs, and its ability to provide assistance, to the 
authority having jurisdiction, the Incident Command Center, or designee. 
 
Interpretive Guidelines applies to: §403.748(c)(7), §416.54(c)(7), §418.113(c)(7), 
§441.184(c)(7), §460.84(c)(7), §482.15(c)(7), §483.73(c)(7); §483.475(c)(7);
 
§484.102(c)(6); §485.68(c)(5), §485.625(c)(7); §485.727(c)(5); §485.920(c)(7); 
§491.12 (c)(5), §494.62(c)(7). 
NOTE: This does not apply to outpatient hospices or Transplant Programs. 
 
Facilities, except for transplant programs, must have a means of providing information 
about the facility’s needs and its ability to provide assistance to the authority having 
jurisdiction (local and State emergency management agencies, local and state public 
health departments, the Incident Command Center, the Emergency Operations Center, or 
designee). 
 
Reporting of a Facility’s Needs 
 
Generally, in small community emergency disasters, reporting the facility’s needs will be 
coordinated through developed processes to report directly to local and state emergency 
officials. Reporting needs may include but are not limited to: shortages in PPE; need to 

evacuate or transfer patients; requests for assistance in transport; temporarily loss of 
part or all facility function; and, staffing shortages. 
 
In large scale emergency disasters or pandemics, reporting of needs specific to a facility 
may be altered by local, state and federal public health and emergency management 
officials due to the potential volume of requests. Some emergency management officials 
at all levels of governance may require facilities to report specific data or slow reporting 
to manage volume. It is recommended that facilities verify their reporting requirements 
with their local Incident Command Structures or State Agencies. 
 
Dependent on the emergency event and the anticipated longevity, facilities may need to 
report select criteria such as in an EID outbreak or the number of patients’ positive or 
persons under investigation (PUI). The facility’s process should include monitoring by 
the facility’s emergency management coordinator or designee of reporting requirements 
issued by CMS or other agencies with jurisdiction. Additional monitoring and reporting 
may be required by local and state public health agencies due to contact tracing 
requirements for extended periods of time or for time specific intervals. Facilities should 
identify local and state policies for reporting and contract tracing to ensure they have 
appropriate information to address requirements. 
 
Facilities should actively engage with their healthcare coalitions, associations, 
accrediting organizations and other stakeholders during the onset of any wide-spread 
emergency. As state and federal emergency organizations may become overwhelmed 
with requests, these stakeholders may be able to reconcile needs-requests for specific 
providers and suppliers. In situations in which a Presidential Declaration and a Public 
Health Emergency (PHE) have been declared, and Section 1135 Waivers may be 
granted, these stakeholders (healthcare coalitions, associations, accrediting 
organizations and others) may have the ability to request and streamline 1135 waiver 
requests for their members, dependent on the severity of the emergency. 
 
Reporting of a Facility’s Ability to Provide Assistance 
 
During widespread disasters, reporting a facility’s ability to provide assistance is critical 
within a community. Pre-planning and collaborating with emergency officials before an 
emergency to determine what assistance may be necessary directly supports surge 
planning within a community. For instance, in preparation for a natural disaster such as 
a hurricane, pre-planning reporting criteria such as the facility’s response-- e.g. closing 
the outpatient services in a forecasted natural disaster-- may facilitate the Incident 
Command as they would be aware of the operating status of the facility. Reporting the 
ability to provide assistance would also include pre-planning with public health and 
emergency officials in the local community to make them aware of what capabilities are 
available within the specific facility, e.g. number of beds, critical care equipment, 
staffing, etc. 
 
During widespread disasters, facilities may be required to report the following to local 
officials: 

• Ability to care for patients requiring transfer from different healthcare settings; 
• Availability of PPE; 
• Availability of staff who may be able to assist in a mass casualty incident; 
• Availability of electricity-dependent medical and assistive equipment, such as 
ventilators and other oxygen equipment (BiPAP, CPAP, etc.), renal replacement 
therapy machines (e.g., home and facility-based hemodialysis, peritoneal 
dialysis, continuous renal replacement therapy and other machines, etc.), and 
wheelchairs and beds. 
 
Occupancy Reporting 
 
For hospitals, CAHs, RNHCIs, inpatient hospices, PRTFs, LTC facilities, and ICF/IIDs, 
they must also have a means for providing information about their occupancy. 
 
Occupancy reporting is considered, but not limited to, reporting the number of patients 
currently at the facility receiving treatment and care or the facility’s occupancy 
percentage. The facility should consider how its occupancy affects its ability to provide 
assistance. For example, if the facility’s occupancy is close to 100% the facility may not 
be able to accept patients from nearby facilities. The types of “needs” a facility may have 
during an emergency and should communicate to the appropriate authority would include 
but is not limited to, shortage of provisions such as food, water, medical supplies, 
assistance with evacuation and transfers, etc. 
 
NOTE: The authority having jurisdiction varies by local, state and federal emergency 
management structures as well as the type of disaster. For example, in the event of a 
multi-state wildfire, the jurisdictional authority who would take over the Incident 
Command Center or state-wide coordination of the disaster would likely be a fire-related 
agency. 
 
We are not prescribing the means that facilities must use in disseminating the required 
information. However, facilities should include in its communication plan, a process to 
communicate the required information. 
 
NOTE: As defined by the Federal Emergency Management Administration (FEMA), an 
Incident Command System (ICS) is a management system designed to enable effective 
and efficient domestic incident management by integrating a combination of facilities, 
equipment, personnel, procedures, and communications operating within a common 
organizational structure. (FEMA, 2016). The industry, as well as providers/suppliers, use 
various terms to refer to the same function and we have used the term ‘‘Incident 
Command Center’’ to mean ‘‘Emergency Operations Center’’ or ‘‘Incident Command 
Post.’’ Local, State, Tribal and Federal emergency preparedness officials, as well as 
regional healthcare coalitions, can assist facilities in the identification of their Incident 
Command Centers and reporting requirements dependent on an emergency. 
 
Survey Procedures 

• Verify the communication plan includes a means of providing information about the 
facility’s needs, and its ability to provide assistance, to the authority having 
jurisdiction, the Incident Command Center, or designee by reviewing the 
communication plan.
 
• For hospitals, CAHs, RNHCIs, inpatient hospices, PRTFs, LTC facilities, and 
ICF/IIDs, also verify if the communication plan includes a means of providing 
information about their occupancy.