Call for Comments on CMS Proposed Rule on Emergency Preparedness ~ Deadline Extended

On December 27, 2013, the Centers for Medicare & Medicaid Services (CMS) released the Proposed Rule: Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers.

If adopted, this rule will affect ESRD facilities, hospital acute programs, and many other health care settings. The Proposed Rule adds additional requirements to the Conditions for Coverage, including:

  1. All Hazards Plan: ESRD facilities are required to develop and maintain an emergency preparedness plan based on a facility based and community based approach.
  2. Policies and Procedures: ESRD facilities would be required to develop policies and procedures for:
    1. Patient and staff tracking
    2. Safe evacuation
    3. Shelter in place
    4. Medical records
    5. Volunteer usage
    6. Backup arrangements
    7. Role of the ESRD facility under a Section 1135 waiver. A Section 1135 waiver allows the Secretary of Health and Human Services to waive or modify (temporarily) requirements to ensure that sufficient services are available and providers can be reimbursed.
  3. Communication Plan: ESRD facilities would be required to prepare a communication plan including contact information for patients, staff and other emergency response groups; and describe how HIPPA protected information may be shared.
  4. Training: ESRD facilities would be required to perform and document employee training and conduct mock disaster drills annually. Patients would be required to receive training on emergency procedures, evaluation, contact information, and emergency disconnect.

The deadline for commenting on this Proposed Rule has been extended until March 31, 2014.

Provide Your Comments Now

You have two opportunities to comment: as part of ANNA and/or individually.

  1. To have your comments considered for inclusion in ANNA’s official response, please email comments to ANNA at by February 21, 2014.
  2. Click here to submit your comments directly to CMS by March 31, 2014.