Current through all regulations passed and filed through September 16, 2024
(A)
Purpose.
The purpose of this rule is to set
forth provisions for the preparation for, response to, and recovery from an
emergency or disaster at a NF. The provisions of this rule are in addition to
the requirements set forth in sections
5165.77,
5165.80, and
5165.81 of the Revised Code, and
in rule 3701-17-25 of the Administrative
Code.
(B)
Emergencies and disasters.
"Emergencies and disasters" are
unexpected situations or sudden occurrences of a serious or urgent nature that
create a substantial likelihood that one or more of a facility's residents may
be harmed and/or may need to be relocated. Events that may constitute an
emergency or disaster include, but are not limited to, the
following:
(1)
Tornado, severe wind, severe storm, flood, or other
natural disaster.
(2)
Fire.
(3)
Explosion.
(4)
Loss of
electrical power.
(5)
Release of hazardous chemicals or other hazardous
material.
(6)
Outbreak of contagious disease.
(7)
Civil disturbance
such as a riot.
(8)
A labor strike that suddenly causes the number of staff
members in a facility to be below that necessary for resident
care.
(9)
A missing resident, where there is the liklihood that
the resident may be harmed while absent from the facility.
(C)
Emergency and disaster plan.
(1)
In accordance
with
42 C.F.R.
483.75(m) (October 1, 2015),
each facility shall have a detailed written plan of procedures to be followed
in the event of an emergency or disaster. The emergency and disaster plan shall
include the following components regarding resident relocation:
(a)
Procedures for
securing emergency shelter, including resident identification and
tracking.
(b)
Procedures for resident care, including supplies,
equipment, and staffing.
(c)
Procedures for contacting physicians, family,
guardians, other individuals responsible for residents, and government
agencies.
(d)
Procedures for resident transportation,
hospitalization, therapy, and other appropriate services, including
post-emergency transportation.
(e)
Procedures for
records transfer.
(2)
In accordance
with
42 C.F.R.
483.75(m), each facility
shall train all employees in the facility's emergency and disaster procedures
when they begin to work in the facility, periodically review the procedures
with existing staff, and carry out unannounced staff drills using those
procedures.
(D)
Notification.
(1)
In the event of
any emergency or disaster, the provider shall notify each resident's family,
guardian, sponsor, next of kin, or other person responsible for the
resident.
(2)
In cases where residents are relocated, within one
working day after the relocation of residents, the provider shall give
notification of the following to the Ohio department of health (ODH):
(a)
The name and
location of the facility experiencing the emergency or
disaster.
(b)
The nature of the emergency or
disaster.
(3)
In cases where residents are relocated, within one
working day after the relocation of residents, the provider shall give
notification of the following to the county department of job and family
services (CDJFS), the Ohio department of medicaid (ODM) bureau of long term
care services and supports (BLTCSS) designated emergency relocation
coordinator, and all applicable managed care plans:
(a)
The name and
location of the facility experiencing the emergency or
disaster.
(b)
The nature of the emergency or
disaster.
(c)
Any significant injuries to residents related to the
emergency or disaster that result in hospitalization.
(d)
The new location
of residents.
(e)
The plans for restoration or rehabilitation of the
facility to allow residents to re-occupy the facility.
(f)
An estimated
timeframe for the resumption of facility operations, if
applicable.
(4)
In cases where residents are relocated, the provider
shall submit weekly updates to the ODM BLTCSS emergency relocation coordinator,
all applicable managed care plans, and ODH until the facility is permanently
closed or all relocated residents are returned.
(E)
Compliance and
reimbursement.
In cases where residents are relocated,
the provider should consult with the ODM BLTCSS emergency relocation
coordinator regarding nursing facility functions that may be impacted by the
temporary relocation of residents, including the following:
(1)
Level of care and
pre-admission reviews.
(2)
Claims processing.
(3)
Minimum data sets
(MDS) assessments and reporting.
(4)
Personal needs
allowance (PNA) accounts.
(5)
Transportation.
(6)
Cost
reporting.
(F)
Termination of NF services.
Pursuant to section
5165.01 of the Revised Code, a
NF closure does not occur if all of the facility's residents are relocated due
to an emergency evacuation and one or more of the residents return to a
medicaid-certified bed in the facility not later than thirty days after the
evacuation occurs.
Replaces: 5160-3- 02.7
