Industry News

CMS Issues Proposed Rule Requiring Providers and Suppliers to Ensure Emergency Preparedness.

Jennifer Kirchner | December 2013

The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule requiring Medicare and Medicaid participating providers and suppliers to implement emergency preparedness measures, including plans for natural and man-made disasters, and to coordinate with federal, state, tribal, regional, and local emergency preparedness systems.  The proposed rule also requires providers and suppliers to adequately prepare to meet the needs of patients, residents, clients and participants during emergency situations.

The proposed rule would require 17 providers and supplier types to implement emergency preparedness measures, which vary across the different types of providers and suppliers.  Generally, emergency preparedness plans will incorporate four major elements:

  1. Risk assessment and planning – to be performed based on an ‘‘all-hazards’’ approach, which is specific to the location of the provider and supplier based on the particular types of hazards that are most likely to occur in their area.
  2. Policies and procedures – to be implemented based on the emergency plan and risk assessment.
  3. Communication plan – to coordinate patient care within the facility, across health care providers and with state and local public health departments and emergency systems.
  4. Training and testing – to consist of drills and exercises to test the emergency plan.

CMS will accept comments on the proposed rule through February 25, 2014.

The proposed rule related to emergency preparedness requirements is available at:

Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers; Proposed Rule; 78 Fed. Reg. 249, 79082, 79200 (Dec 27, 2013).

About the Author

Jennifer Kirchner is a licensed attorney in Illinois and Wisconsin. Ms. Kirchner has expertise in assessing provider compliance with the Anti-Kickback Statute, Stark Law, the False Claims Act, HIPAA Privacy and Security Rules and clinical research laws and regulations.