Proposed Rule to Revise Emergency Preparedness Requirements

To: Administrators

From: Greg Schlosser, Branch Chief, Education & Technical Assistance Branch

On September 20, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule in the Federal Register to change the emergency preparedness requirements to reduce regulations that are burdensome, and to increase provider flexibility to focus on delivering high-quality healthcare. View the proposed rule here 

CMS proposes to:
- Change the review of the emergency program to every TWO years, instead of the current requirement of every year. 
- Require that facilities provide training biennially (every two years), after facilities conduct initial training for their emergency program. CMS will require additional training when the emergency plan is significantly outdated. 
- Change testing requirements. For inpatient providers, CMS will expand the types of acceptable testing exercises that may be conducted, and for outpatient providers, CMS proposes only one testing exercise required annually. 
- Eliminate the requirement that facilities document efforts to contact local, tribal, regional, State, and Federal emergency preparedness officials, and that facilities document their participation in collaborative and cooperative planning efforts. Only the documentation requirements would be eliminated. Facilities would still be required to include a process for cooperation and collaboration with these entities to maintain an integrated response during a disaster or emergency situation

Comments to CMS on the proposed rule, Medicare and Medicaid Programs, Regulatory Provisions to Promote Program Efficiency, Transparency and Burden Reduction must be received no later than 5 p.m. on November 19, 2018. When commenting, refer to file code CMS-3346-P. Comments can be submitted in one of the following ways: 
- Electronically to http://www.regulations.gov. Follow the "Submit a comment" instructions.
- By regular mail to CMS, Department of Health and Human Services, Attention: CMS-3346-P, P.O. Box 8010, Baltimore, MD 21244-1810.
- By express or overnight mail to CMS, Department of Health and Human Services, Attention: CMS-3346-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.

For further information, contact Alpha-Banu Wilson, (410) 786-8687. CMS has also included a subject matter expert under the "Provisions of the Proposed Rule" section for each provision set out in the proposed rule.