Regulation detail

E-Tag E-0035

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E-Tag E-0035 active

§483.73(c)(8); §483.475(c)(8)

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

This regulation requires Long-Term Care (LTC) facilities and Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs) to include in their emergency preparedness communication plans a method for sharing relevant emergency plan information with residents or clients and their families or representatives. LTC facilities must review and update their communication plans at least annually, while ICF/IIDs must do so at least every two years. Facilities have flexibility in determining what information to share, how, and when, but must be able to demonstrate their method to surveyors.

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Regulation text
E-0035
(Rev. 204, Issued: 04-16-21; Effective: 04-16-21, Implementation: 04-16-21) 
 
§483.73(c)(8); §483.475(c)(8) 
 
*[For LTC Facilities at §483.73(c):] 
[(c) The LTC 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 annually. The communication plan must include all 
of the following:] 
 
*[For ICF/IIDs at §483.475(c):] 
[(c) The ICF/IID 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. The communication plan must include 
all of the following:] 
 
(8) A method for sharing information from the emergency plan, that the facility has 
determined is appropriate, with residents [or clients] and their families or 
representatives
. 
 
Interpretive Guidelines for §483.73(c)(8) and §483.475(c)(8). 
NOTE: This ONLY applies to LTC Facilities and ICF/IIDs. 
 
LTC facilities and ICF/IIDs are required to share emergency preparedness plans and 
policies with their residents/clients, family members, and resident representatives or 
client representatives, respectively. Facilities have flexibility in deciding what 
information from the emergency plan should be shared, as well as the timing and manner 
in which it should be disseminated. While we are not requiring facilities take specific 
steps or utilize specific strategies to share this information with residents or clients and 
their families or representatives, we would recommend that facilities provide a quick 
“Fact Sheet” or informational brochure to the family members and resident or client 
representatives which may highlight the major sections of the emergency plan and 
policies and procedures deemed appropriate by the facility. Other options include 
providing instructions on how to contact the facility in the event of an emergency on the 
public website or to include the information as part of the facility’s check-in procedures. 
The facility may provide this information to the surveyor during the survey to 
demonstrate compliance with the requirement. 

Survey Procedures 
• Ask staff to demonstrate the method the facility has developed for sharing the 
emergency plan with residents or clients and their families or representatives. 
• Interview residents or clients and their families or representatives and ask them if 
they have been given information regarding the facility’s emergency plan. 
• Verify the communication plan includes a method for sharing information from 
the emergency plan, with residents or clients and their families or representatives 
by reviewing the plan.