Management Questions and Answers

Management Questions and Answers

Please answer each question in one paragraph using 2 cited sources in APA format:

The use of work references is increasingly viewed as unreliable. How can employers legally and ethically obtain information about an applicant’s past performance? What measures can be taken to verify information contained in a job application or resume?

Given two equally qualified applicants – one from inside and one from outside the organization – how would you decide which one to hire?

What is the distinction between performance appraisal and performance management?

Why does The Joint Commission now require hospitals and other healthcare organizations to have a performance management system?

What warnings would you give to a healthcare management team designing an incentive system?

In designing a benefits plan, what are the most important considerations for an employer? For an employee?

What are the three factors that influence the workplace health and wellness of employees?

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In addition to workplace preparedness, what other types of preparedness efforts can be promoted at healthcare institutions?

Describe the three phases of the labor-relations process Management Questions and Answers. Why are all phases equally important?

Most HR managers in healthcare do not feel that they have a major responsibility for achieving top management responsibilities such as improving productivity, quality of care, cost containment, customer service and financial performance. Outline several ways that an HR department can align its practices with the strategic goals of the organization.

Incentive system for healthcare management

Incentive system for healthcare management

Please write 1-2 pages using APA format and 3 scholarly or peer-review citations to answer the following question:

What warnings would you give to a healthcare management team designing an incentive system? Course Book: Fried BJ, Fottler MD. Fundamentals of Human Resources in Healthcare. Chicago, IL: Health Administration Press; 2011

 

Tags: healthcare management healthcare operations

SWOT and PEST Analysis

SWOT and PEST Analysis

For this assignment you will compare and contrast, as well as assess, the usefulness of SWOT and PEST analyses, which are frequently used by healthcare organizations in their strategic planning efforts. Your paper is expected to describe both tools briefly and explain how each is used in formulating strategy. In addition, your paper must describe the strengths, limitations, and challenges of each.

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Your paper should be 3-4 pages in length, not including the title and reference pages, and conform to APA guidelines. Include at least three current scholarly references (e.g., peer-reviewed articles) in addition to the course textbook SWOT and PEST Analysis.

Which Model? essay

Which Model? essay

Scenario: You were recently hired as the Director of Planning for a mid-sized hospital, and the CEO has decided to hire a consultant to assist with the annual strategic planning process. Three different firms have submitted proposals; each uses a different approach:

  • Firm A uses the Boston Consulting Group Matrix.
  • Firm B uses the General Electric Matrix.
  • Firm C uses the McKinsey 7S Model.

The CEO has asked you to write a brief memo that concisely describes each of these models. In addition to describing these models, this memo must compare and contrast the strengths and limitations of each model and offer a recommendation on which model to use.

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The memo should be well-written and meet the following requirements:

  • 1.5 pages (single-spaced) in length, in addition to the title and reference pages
  • Include at least four current references from peer-reviewed articles.
  • A reference list is required for this assignment and must be formatted according to the APA guidelines

 

Tags: healthcare management HCM 481 Memo on different models

Healthcare Emergency Management

Healthcare Emergency Management

Health Care at the Crossroads Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Joint Commission on Accreditation of Healthcare Organizations

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© Copyright 2003 by the Joint Commission on Accreditation of Healthcare Organizations. All rights reserved. No part of this book may be reproduced in any form or by any means without written permission from the publisher. Request for permission to reprint: 630-792-5631. Health Care at the Crossroads Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Joint Commission on Accreditation of Healthcare Organizations Joint Commission Public Policy Initiative This white paper is the second work product of the Joint Commission’s new Public Policy Initiative. Launched in 2001, this initiative seeks to address broad issues that have the potential to seriously undermine the provision of safe, high-quality health care and, indeed, the health of the American people. These are issues which demand the attention and engagement of multiple publics if successful resolution is to be achieved. For each of the identified public policy issues, the Joint Commission already has state-of-the-art standards in place. However, simple application of these standards, and other unidimensional efforts, will leave this country far short of its health care goals and objectives. Thus, this paper does not describe new Joint Commission requirements for health care organizations, nor even suggest that new requirements will be forthcoming in the future. Rather, the Joint Commission has devised a public policy action plan that involves the gathering of information and multiple perspectives on the issue; formulation of comprehensive solutions; and assignment of accountabilities for these solutions. The execution of this plan includes the convening of roundtable discussions and national symposia, the issuance of this white paper, and active pursuit of the suggested recommendations. This paper is a call to action for those who influence, develop or carry out policies that will lead the way to resolution of the issue. This is specifically in furtherance of the Joint Commission’s stated mission to improve the safety and quality of health care provided to the public. Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Table of Contents Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part I. Enlist the Community in Preparing the Local Response . . . . . . . . . . . . . . . . . . . . . . 10 Enlisting the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Forging New Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 An Exemplary Effort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Lessons Learned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Getting There . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part II. Focus on the Key Aspects of the Preparedness System that Will Preserve the Ability of Community Health Care Organizations to Care for Patients, Protect Staff and Serve the Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Define Surge Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Preserve the Organization – Protect the Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Ensure Care for the “Other” Patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Manage the Incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Consider the Threat to Mind, as well as Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Enlist the Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Identify Communication and Information Needs and Meet Them . . . . . . . . . . . . . . 31 Test, Learn, Improve and Be Ready . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part III. Establish Accountabilities, Oversight, Leadership and Sustainment of Community Preparedness Systems . . . . . . . . . . . . . . . . . . . . . . . . . . 37 A Question of Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Sustainable Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Guiding the Effort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Knowing What Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 End Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 3 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Preamble But now, in the face of an atrophied public health infrastructure and lack of leadership and coordination among other emergency preparedness constituencies, hospitals and other health care organizations are being asked to step up their level of emergency preparedness involvement. This unfortunately is occurring at a time when many of those entities face severe resource constraints and may not always be able to manage current day-to-day patient care demands. It does not take long for complacency to settle in. Eighteen months after the September 11, 2001 attacks and the subsequent, insidious, selected and deliberate dispersion of anthrax spores, there are clear signs that the focus of American attention has long since moved on. The sense of urgency to prepare has now become a wait-and-see sense. Vigilance eventually gives way to ambiguity. Indeed, the two occasions during the past six months in which the national terrorism level has been raised to Orange (high threat) have generally provoked public mysticism as to what individuals should do to prepare. This confused state of non-readiness is what terrorists lay in wait for. And, the world in which we carry out our daily lives can change in an instant. At a recent national symposium on emergency preparedness, Jerome Hauer, acting assistant secretary of the Office of Public Health Emergency Preparedness of the Department of Health and Human Services (DHHS), remarking on the strong likelihood of another terrorist attack in the near future, said,“At the end of the day, it is medical care that will be needed.” But if medical care capacity is already in variable and sometimes scarce supply, planning for unexpected surges in demand becomes all the more critical. So, too, does funding and federal leadership for these efforts. This is not our world as we once knew it. It is no longer sufficient to develop disaster plans and dust them off if a threat appears imminent. Rather, a system of preparedness across communities must be in place everyday. Such systems make effective responses to emergencies possible, and they also serve as deterrents to actual attacks. And, they are needed – whatever the level of our sense of security – to facilitate the management of crises that seem to be becoming everyday occurrences. The purpose of this report is to frame the issues that must be addressed in developing community-wide preparedness and to delineate federal and state responsibilities for eliminating barriers, and for facilitating and sustaining — through leadership, funding and other resource deployment – community-based emergency preparedness across the United States. The concept of community-wide preparedness systems is new to most health care organizations. While most have long prepared and tested disaster plans, health care organizations have operated in isolation, and their disaster plans reflect this mindset. 4 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Introduction apparent, priority brought into sharp relief fundamental new needs for emergency preparedness that would call for leadership and coordination at the community level, which did not then, and largely does not now, exist. On the day that America experienced its worst violation at the hands of terrorists, the many “first responders” involved in rescuing, treating and protecting the thousands of people who were victimized, or had the potential to be, valiantly performed their jobs. But for many, their efforts were futile in the face of such enormous destruction. Emergency medical personnel and health care workers from nearby and far away were drawn to these scenes of destruction to lend their support and expertise. Hospitals in the vicinity of the World Trade Center, despite being overwhelmed by power outages, disabled telecommunications, and the rush of the injured and those fleeing the smoke-choked streets for shelter, were nevertheless able to summon a response. This does not gainsay the continuing extraordinary efforts of the three public safety agencies that this country has long relied on – law enforcement, fire and rescue, and emergency medical services. Nor does it ignore the sometimes heroic efforts of underfunded public health agencies and health care provider organizations in managing extremely challenging situations. But in most communities there is no team, nor teamwork, among all of these players and other municipal and county leaders. And, there is no community emergency preparedness plan, nor program, nor system. And then, while the country was still reeling from the September 11 attack, a different kind of attack, this time with a biological agent, anthrax, unfolded in Florida, New York, New Jersey,Washington D.C. and Connecticut.These disasters, wrought by terrorism, rapidly focused the nation’s attention on national security – the need to protect American ideals and resources, and most fundamentally, the very safety and health of the American people. Both for America’s leaders and for this nation’s communities, this compelling new, or newly While the cast of emergency preparedness players in a given community can lengthen rapidly, there is no denying the central role that hospitals can and must play in these efforts. However, these are difficult and occasionally overwhelming times for hospitals, even without this expanded responsibility. In fact, many hospitals are struggling to meet the daily demands for their health care services. It is no longer sufficient to develop disaster plans and dust them off if a threat appears imminent. Rather, a system of preparedness across communities must be in place everyday. 5 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Add to this brewing cataclysm the need for “surge capacity” – the ability to care for perhaps hundreds to thousands more patients at a given time – in hospitals already full, already stressed, and already searching for more resources to provide care, and the challenge of preparedness becomes even more daunting. As a matter of public policy, this country has purposefully shrunk the installed capacity of its health care delivery system over the past two decades. This has translated into the closure of many hospitals and even more emergency departments, despite the escalating demands for services. In addition, many hospitals now are experiencing severe shortages of nurses and other essential health care personnel. This is further reducing the capacity of these hospitals to deliver care, including emergency care. Today’s hard reality is that hospital emergency departments across the country are overcrowded and, even absent any external disaster, likely to be diverting patients on any given day. Since the Fall 2001 terrorism attacks, there has been a flurry of activity focused on the preparation of emergency preparedness plans.The emphasis on plans substantially understates what are really needed – emergency preparedness programs. According to a recent report,“Preparedness at home plays a critical role in combating terrorism by reducing its appeal as an effective means of warfare.”4 However, this level of preparedness implies a tightly knit system among the key emergency preparedness participants that simply does not exist in most communities today. “All emergencies are local” is a truism that conveys the responsibility of the community to plan, prepare and respond to an emergency. But as this paper points out, that truism is today far more a call to action than a reality. This paper is a call to action for federal and state governments as well, for weaving the tightly knit system of preparedness also takes resources, leadership and guidance. Adding to these problems are sky-high liability insurance premiums for physicians that are limiting the availability of critical specialists in certain jurisdictions. Further, most states in the country, with strapped budgets, are reducing the numbers of people on their Medicaid rolls.1 Medicare too is threatening more cuts in hospital reimbursement2 and the numbers of uninsured are on the rise.3 All of these factors promise to further undermine the ability of hospitals to meet the routine, let alone the extraordinary, needs of their communities. 6 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems none yet that present evidence-based models which are likely to be adaptable to the varied urban, suburban and sparsely populated communities that make up the United States. Since the events of September 11 and the subsequent anthrax attacks, the federal government has stepped forward to fund the rehabilitation of the public health system, and to a significantly lesser extent, the preparedness efforts of the nation’s hospitals. However, although the federal plan enlisted state governments to allocate federal funds to their hospitals well over a year ago, the money has not yet reached hospitals and some local public health agencies. There unfortunately is an oft-repeated refrain of money not making it from Washington to the trenches where it is needed.5 The money may eventually make it, but the funds are a small sum in comparison to what is actually needed.6 Given the urgency for community-based emergency preparedness and the obvious barriers to achieving this goal across the country, the Joint Commission convened an expert Public Policy Roundtable to discuss emergency preparedness issues and to frame specific recommendations, fulfillment of which would permit achievement of a level of preparedness that could truly offer protection and assurances to the American public. Among the specific issues addressed by the Roundtable were the resources and requirements for community-based response systems; the need for collaboration between the medical care and public health establishments, as well as other new partnerships that must be forged; issues of accountability and mechanisms for validating readiness; and the appropriate roles of federal and state governments. In addition to the disputes and confusion over meeting what remains today for many hospitals, an unfunded mandate, hospitals and their communities are struggling to know how to get started. There is a fundamental need for templates or scalable models of community-wide preparedness to guide planning before, and actions taken during and after, an emergency. Several nascent templates are emerging; however, there are In addition to the disputes and confusion over meeting what remains today for many hospitals, an unfunded mandate, hospitals and their communities are struggling to know how to get started. 7 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Based on those discussions, the following recommendations are proposed: II. Focus on the key aspects of the preparedness system that will preserve the ability of community health care resources to care for patients, protect staff and serve the public. • Prospectively define point-in-time and longitudinal surge capacity at the community level. • Establish mutual aid agreements among community hospitals and other health care organizations. • Ensure a 48-72 hour stand-alone capability through the appropriate stockpiling of necessary medications and supplies. • Fund and facilitate the creation of a credentialing database to support a national emergency volunteer system for health care professionals. • Make direct caregivers the highest priority for training and for receipt of protective equipment, vaccinations, prophylactic antibiotics, chemical antidotes, and other protective measures. • Support the provision of decontamination capabilities in each hospital. • Maintain the ability to provide routine care. • Make provision for the graceful degradation of care. • Provide for waiver of regulatory requirements under conditions of extreme emergency. I. Enlist the community in preparing the local response • Initiate and facilitate the development of community-based emergency preparedness programs across the country. • Constitute community organizations that comprise all of the key participants – as appropriate to the community – to develop the community-wide emergency preparedness program. • Encourage the transition of community health care resources from an organization-focused approach to emergency preparedness to one that encompasses the community. • Provide the community organization with necessary funding and other resources and hold it accountable for overseeing the planning, assessment and maintenance of the preparedness program. • Encourage the pursuit of substantive collaborative activities that will also serve to bridge the gap between the medical care and public health systems. • Develop and distribute emergency planning and preparedness templates for potential adaptation by various types of communities. 8 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems • Adopt incident management approaches that provide for simultaneous management involvement by multiple authorities and fluidity of authority. • Make provisions for accommodating and managing the substantial acute mental health needs of the community. • Directly address the fear created by terrorist acts through targeted education, application of risk reduction strategies and the teaching of coping skills. • Provide public education about emergency preparedness. • Actively engage the public in emergency preparedness planning. • Anticipate the information needs of the community. • Create redundant, interoperable communications capabilities. • Develop a centralized community-wide patient locator system. • Engage the mass media in the emergency preparedness planning process. • Regularly test, at least yearly, community emergency preparedness plans through reality-based drills. • Assure the inclusion of all community emergency preparedness program participants in the plan tests. III.Establish accountabilities, oversight, leadership and sustainment of community preparedness systems • Develop and implement objective evaluation methods for assessing the substance and effectiveness of local emergency preparedness plans. • Provide funding at the local level for emergency preparedness planning. • Explore alternative options for providing sustained funding for hospital emergency preparedness activities. • Initiate and fund public-private sector partnerships that are charged to conduct research on and develop relevant, scalable templates for emergency preparedness plans that will meet local community needs. • Disseminate information about existing best practices and lessons learned respecting existing emergency preparedness initiatives. • Clarify the applications of EMTALA, HIPAA, EPA and other regulatory requirements in emergency situations. • Coordinate domestic and international emergency preparedness efforts. This paper provides supporting documentation for its conclusions, describes specific recommendations, and assigns accountabilities for carrying out these recommendations. 9 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems I. Enlist the Community in Preparing the Local Response preparedness to one that encompasses the entire community and its resources. The planning process is expected to systematically address the full range of potential disasters – including terrorism — identified through a “hazard vulnerability assessment,” that is conducted in collaboration with the organization’s community. The standards also require that organizations define an internal command structure that links with the community command structure. A final new requirement, stemming from the 2001 Houston flood experience and the September 11 experience, requires the health care organizations in the community to work cooperatively to create a mutual aid context for planning and response efforts. A New Context for Disaster Planning The Joint Commission has long required accredited organizations to create disaster plans and to test them at least twice a year. For many organizations, these requirements have often seemed like “make-work.” Only in those communities where actual disasters have struck has all of the actual preparation appeared to have been worth it. But the events of September 11, 2001 have created a new world for America’s communities and a new context for disaster preparedness for health care organizations. Almost propitiously, the Joint Commission had — during 2000 — been working to upgrade and reframe its traditional disaster preparedness standards into an expanded community-based emergency management framework. These new requirements were introduced in January 2001. The urgency to move these new requirements forward had resulted from a series of conversations with senior military and health care officials. Underlying the new Joint Commission standards is the fact that, in an emergency situation, health care provider organizations must work with each other and with other public safety and support entities to manage the casualties that have occurred and to minimize the risk of additional casualties. Managing a mass casualty or bioterrorism situation is no job for a single provider organization. The expanded framework of expectations now in place seeks to transition hospitals and other health care organizations from an organization-focused mindset of disaster Managing a mass casualty or bioterrorism situation is no job for a single provider organization. This is, in fact, the responsibility of “the community” – an as yet ill-defined composite that, at a minimum, includes emergency medical services, fire, police, the public health system, local municipalities and government authorities, and local hospitals and other health care organizations. 10 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems disease prevention activities, management of disease outbreaks, and intervention in community-wide emergency department overcrowding situations. This is, in fact, the responsibility of “the community” – an as yet ill-defined composite that, at a minimum, includes emergency medical services, fire, police, the public health system, local municipalities and government authorities, and local hospitals and other health care organizations. Emergency planning must be local – that is, based in the community – because almost all disasters and mass casualty situations are local. The sobering reality is that many communities will be on their own for the first 24-72 hours after such an event. Community-wide emergency preparedness programs do exist, and some are quite elaborate. However, they are few in number, and almost all exist is large metropolitan areas. By contrast, most of America’s communities are “waiting for someone to call the meeting.” Creating a detailed emergency preparedness plan, or program, particularly in the face of uncertain resource support is – to be sure – a daunting challenge. Indeed, planning templates that might serve as reference points for inexperienced project leaders are virtually non-existent. And the challenge is heightened still further by the fact that the core participants are in many ways strangers to each other, and each, by virtue of their unique responsibilities, is used to being “in control.” Enlisting the Community There thus exists a fundamental need to formalize an organization of community resources. That organization should comprise those authorities, agencies, providers, industries and other vital community elements that are critical to mounting an effective emergency response and protecting the community. This new “community organization” must then have the authority, and with this, both the necessary funding and accountability for planning, assessing and maintaining community-wide emergency preparedness — in effect, making the plan a program. Further, the program that is brought to life must have an ongoing reality, one in which the participants become familiar with their respective roles and a capabilities because they are working and interacting with each other on a regular basis. Such operational preparedness programs need not be theoretical. Among the obvious opportunities for ongoing collaborative efforts are community-wide health promotion and Yet, the planning process – the building of the relationships that will become the program – is a fundamental exercise in give-and-take. This is indeed a process in which primacy and control are relinquished to create a greater good.The new give-andtake relationships also set the stage for the management of actual disasters. Such management is almost always situational. That is, the nature of the situation dictates the command structure and who will be “in control.” 11 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Community-wide preparedness also has its pragmatic virtues, particularly in optimizing the deployment of available resources. For example, communication and collaboration among local hospitals make it much less likely that multiple hospitals will be depending on the same community resources for their own emergency planning purposes. One focuses on the care of the individual, the other on the health of the population. Their funding sources reflect these differing orientations – medical care is dependent on private funding; public health on public funding. But these old divisions must be bridged in order to ensure an integrated emergency response – in order to create a tightly woven preparedness system. Some of the ways in which the medical care and public health sectors can and should begin to collaborate are in developing health surveillance systems, in facilitating inter-organizational communication systems, and in the training of care providers to recognize signs and symptoms of exposure to chemical, biological or radiological agents. The potential response capability may in fact be called upon to expand in relation to the reach of the devastation brought by a catastrophic event. Such an event may cross multiple jurisdictions, necessitating a broader coordinated response among communitybased emergency preparedness programs. However, the effectiveness of a broad response cannot be fully realized unless the basic community programs are first put in place. There have also been frictions, of varying degree, between fire and police, between emergency management agencies and public health agencies, between emergency medical services and hospitals, and between city and county government authorities, among others. But these frictions can and must be overtaken by a new partnership mentality, and additional partners need to become engaged. Forging New Partnerships Some of the partnerships that must be forged face long-standing historical obstacles. There, for example, exists a long-standing gulf between medical care and public health. These two health care sectors have never had an effective working relationship.7 Accountability Tactics municipalities emergency management agencies hospitals public health agencies • Initiate and facilitate the development of community-based emergency preparedness programs across the country. 12 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems across responding organizations and agencies. The Council has also facilitated the implementation of syndromic surveillance systems at both the state and local levels. In addition, the Council has aided the New York State Department of Health in the development of a Web-based capacity-monitoring system to gauge bed and supply availability, and staffing levels at area hospitals. The Web-based system also collects patient information to serve as a patient locator system in the event of a mass casualty event. There are now encouraging indications that this is beginning to happen. For example, since September 11, the military have been involved in training civilian health care personnel and in participating in hospital emergency drills.8 And, in New York City, city and state public health agencies, hospitals, emergency medical services, city emergency management officials, and others have established new working relationships that undergird a state-of-the-art preparedness system. An Exemplary Effort In the aftermath of the terrorism attacks in New York City, the Greater New York Hospital Association (GNYHA) has taken a leadership role in forging a cross-disciplinary, cross-jurisdictional partnership among responding authorities, agencies and providers. In creating the Emergency Preparedness Coordinating Council, the GNYHA has helped its member organizations — and local, state and federal public health and emergency management agencies — to become better prepared, and able to offer an integrated response to a disaster.9 According to the GNYHA, many of the initiatives that the Emergency Preparedness Coordinating Council has spearheaded have focused on the collection of data — before, during and after an emergency – that are critical to waging an effective response and recovery. Among these initiatives, the Council has developed an emergency contacts directory to improve communications among key personnel Taking the lessons learned from the World Trade Center disaster and the subsequent anthrax attacks, the GNYHA and its Emergency Preparedness Coordinating Council have focused on helping local health care organizations and public safety agencies to improve upon those response elements that went wrong. For instance, telecommunications capabilities in the vicinity of Ground Zero were lost. To ensure effective communications in the event of another disaster, the Council has worked with the Office of Emergency Management (OEM) to purchase and distribute 800 Megahertz radios, and has established a dedicated channel for health care organizations to communicate with one another and with OEM. The Council has also taken a prominent role in informing and educating health care personnel in the detection of and response to biological, chemical and nuclear events. 13 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Letters mailed in October of 2001 that contained highly virulent, weaponized anthrax constituted the first bioterrorism attack in this country to which the Centers for Disease Control and Prevention (CDC) had to respond.10 A total of 22 confirmed or suspected cases of anthrax infection –11 inhalational, which led to five deaths, and 11 cutaneous cases – resulted from the anthrax attack.11 While the investigation into the perpetrator of the “anthrax letters” remains open, the public health response and medical care for those affected are now a case history of lessons learned. Lessons Learned The events of September 11 were instantly recognizable as disasters, and each prompted immediate action by all first-responders. In New York, calls went out across the city, the state, and surrounding states for hospitals to ready for victims. But some emergencies are not readily apparent. Rather, they unfold over days or weeks. The anthrax attack in the fall of 2001 was just such an emergency, and it raised important issues of cross-disciplinary and cross-jurisdictional coordination and authority as the impact of the attack unfolded. Tactics Accountability • Constitute a community organization that comprises local government officials, emergency management officials, public health authorities, health care organizations, police, fire, public works (e.g. water, electricity), emergency medical services, local industry leaders, and other key participants – as appropriate to the community – to develop the community-wide emergency preparedness program. community organization participants • Encourage the transition of community health care institutions from an organization-focused approach to emergency preparedness to one that encompasses the community. community organization • Provide the community organization with necessary funding and other resources and hold it accountable for overseeing the planning, assessment and maintenance of the preparedness program. federal and state government agencies 14 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems both postal workers from the Brentwood postal facility in Washington, D.C., who sought medical attention for their severe flu-like symptoms.15 The first challenge in responding to the anthrax attack was in making the initial diagnosis. Few clinicians have presence-ofmind awareness of the signs and symptoms of bioterrorism agents, such as anthrax, smallpox, and plague. In fact, in a recent study of preparedness among family physicians for bioterrorism, only one-quarter of those surveyed felt prepared, and still fewer, 17 percent, reported that their local medical communities could respond effectively.12 However, prior training in bioterrorism was a significant positive factor in the responses of physicians who perceived themselves to be ready to respond to an attack.13 In addition to the fatal delays in diagnosis, there were significant breakdowns in communications across health care disciplines and public health authorities in the anthrax attack response. In particular, the ability or willingness of the public health system to communicate and work with the medical care system arose as an issue.When the first case of inhalational anthrax in a Brentwood postal worker was preliminarily diagnosed at a D.C.-area hospital and reported to public health officials, these officials, doubting the diagnosis16, did not immediately act to notify other area hospitals. At an early evening news conference the following day, officials “played down” the patient’s condition, saying it was “unconfirmed.”17 Potentially important opportunities for screening emergency department visitors were lost across the D.C. area. The first diagnosis of anthrax in the 2001 attack was made by an astute physician who suspected the disease; the confirmation was subsequently made by a laboratory worker who had undergone bioterrorism preparedness training. But the general unfamiliarity of medical professionals with bio-agents contributed to the misdiagnosis and delayed treatment for two other infected patients, Emergency preparedness is already a way of life in some countries; it needs to be woven into the fabric of American life to a much greater extent than it is today. 15 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Aside from local grass roots efforts, there was no infrastructure in affected areas that would have made it possible for vital clinical information to be shared in an emergency situation across the medical care community, or between public health authorities and practicing clinicians. Stories were told about physicians, even in prominent teaching hospitals, having to get their medical information from CNN during the height of the crisis.18 The Hart Senate Office Building was closed, as were other Senate office buildings, and, even briefly, the House of Representatives, until the risk of anthrax exposure had been clarified. Until credible, standardized bioterrorism response protocols are established and widely disseminated, the risk of promulgation of conflicting information and diversity in responses will continue to exist. This fundamental missing link could eventually undermine the public trust in the limited infrastructure now in place. The communications failure between and among public health officials and the medical community, and the limited base of expert information among those providing critical advice, had a tragic impact on postal workers in Washington D.C.’s Brentwood postal facility who were repeatedly reassured that no risk of anthrax contamination was posed to them.19 Two eventually died from inhalational anthrax. Getting There Americans, their families, and their community institutions increasingly tend to lead insular existences, but insularity is the antithesis of what will be needed to create emergency preparedness programs across America’s communities. Emergency preparedness is already a way of life in some countries; it needs to be woven into the fabric of American life to a much greater extent than it is today. In New Jersey, the health commissioner decided to ignore CDC recommendations and administer prophylaxis to all postal workers at two Trenton-area postal facilities.20 Accountability Tactics • Encourage the pursuit of substantive collaborative activities that will also serve to bridge the gap between the medical care and public health systems. health care and public health membership organizations federal government agencies • Develop and distribute emergency planning and preparedness templates for potential adaptation by various types of communities. federal and state government agencies 16 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems few of these dollars are making their way down to the local community level. The funding allocated to public health is highly appropriate, but at the planned funding levels will only restore most public health departments to a baseline functional state. Meanwhile, most hospitals, which are required by the Joint Commission to be engaged in emergency planning and preparedness activities, have yet to see their first nickel of federal terrorism preparedness funds. Over time, the emergency preparedness engine simply cannot run without fuel. What needs to be done? First, someone does need to call the first meeting, to bring the parties together. The participants will vary by community, but the logical conveners are relatively few: the local emergency management agency, the local public health agency, and/or the local hospital(s). In small, sparsely populated communities, the hospital may be the only logical convener. Second, community planning templates need to be developed and disseminated. The disaster-based experience that is needed to develop meaningful templates is, fortunately, limited in this country, but available knowledge from experiences in the United States and elsewhere needs to be harvested and translated into scalable models that lend themselves to ready adaptation by communities of various types. Emergency preparedness plans that are created out of whole cloth are unlikely to offer comprehensive protection for a community. One might well ask whether such an extensive community-preparedness effort, and the funding and other resources required to support such an effort, are really necessary or justified. Today, the perceived terrorism vulnerabilities are clearly focused on the country’s major metropolitan areas. Nevertheless, it is well to remember that the primary objective of terrorism is to create fear. Little imagination is required to understand the potential psychological impacts on the populace of even a few selected terrorism attacks on typical small towns across America. Third, emergency preparedness at the community level takes resources, especially money. Despite the ballyhooed billions of federal dollars being poured into terrorism prevention and preparedness efforts, very 17 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Recommendations Accountability Tactics municipalities emergency management agencies hospitals public health agencies • Initiate and facilitate the development of community-based emergency preparedness programs across the country. • Constitute a community organization that comprises local government officials, emergency management officials, public health authorities, health care organizations, police, fire, public works (e.g. water, electricity), emergency medical services, local industry leaders, and other key participants – as appropriate to the community – to develop the community-wide emergency preparedness program. community organization participants • Encourage the transition of community health care institutions from an organization-focused approach to emergency preparedness to one that encompasses the community. community organization • Provide the community organization with necessary funding and other resources and hold it accountable for overseeing the planning, assessment and maintenance of the preparedness program. federal and state government agencies • Encourage the pursuit of substantive collaborative activities that will also serve to bridge the gap between the medical care and public health systems. health care and public health membership organizations federal government agencies • Develop and distribute emergency planning and preparedness templates for potential adaptation by various types of communities. federal and state government agencies 18 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems II. Focus on the key aspects of the preparedness system that will preserve the ability of community health care organizations to care for patients, protect staff and serve the public. time-limited period to accommodate the needs emanating from an acute disaster will eventually be needed by patients having more “routine” care requirements such as surgical procedures, cancer chemotherapy, or the delivery of a child. Thus, the capacity needed to manage longer-term disasters, e.g., a biological attack, may eventually be in direct competition with the ongoing care needed by the people in the community. Preparedness Priorities Developing a community-based preparedness program requires forethought of a wide variety of issues that could determine the outcome of a response. These include education of first responders, provider organization staff, and the public; creation of redundant, reliable communication systems; definition of roles and responsibilities among responders; definition of available human, equipment and supply resources; and incident management and coordination, among others. Among these are a series of truly critical elements of the preparedness system that are integral to the ability of a community to successfully mount an effective response. These are elaborated upon below. It is important that surge capacity – both in its point-in-time and longitudinal dimensions – be prospectively determined as part of the emergency planning process. There is also a basic need to define an agreed-upon set of units, or measures, of surge capacity at the federal level or, at the very least, at the state level. Such definition is essential to the communication of needs within and across communities. 1. Define Surge Capacity Surge capacity – the ability to expand care capabilities in response to sudden or more prolonged demand – is perhaps the most fundamental component of an emergency preparedness program. Surge capacity encompasses potential patient beds; available space in which patients may be triaged, managed, vaccinated, decontaminated, or simply located; available personnel of all types; necessary medications, supplies and equipment; and even the legal capacity to deliver health care under situations which exceed authorized capacity. Surge capacity has both point-in-time and longitudinal dimensions, and these differ from each other. That is, capacity that can be mobilized for a Current Capacity The American Hospital Association (AHA) reports that there are 900 fewer hospitals today than there were in 1980.21 Through the 1980s and 1990s, the expansion of managed care and increasingly stringent federal reimbursement policies progressively leveraged hospitals to close and consolidate, and to reduce overall capacity in an effort to create greater efficiencies in the delivery system. Today, with the aging of society and the corresponding increase in patient acuity, many hospitals are now challenged to meet a typical day’s demand for their services. 19 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems surge capacity exists in these communities. The underlying causes of this problem are well known — inadequate numbers of hospital beds, limited access to primary care, unavailability of physician specialists, and major shortages of other key clinical personnel, especially nurses. As a reflection of this challenge, hospital emergency departments in many cities are frequently overcrowded and likely to be diverting ambulances on any given day. According to a recent AHA survey, 62 percent of all hospitals and 79 percent of urban hospitals are at or over emergency department (ED) capacity.22 More than half of urban hospitals report that they have been on “diversion” – diverting ambulances – for a portion of time.23 In many communities, accurate, standardized measurement of bed capacity has become an immediate need. Available hospital bed capacity is typically determined through a daily midnight census of occupied inpatient beds. Measuring bed capacity in this way fails to account for the inflow and outflow Overcrowded emergency departments are a clear and visible symptom of a destabilized health care environment, and raise clear and compelling questions as to whether any real Accountability Tactics Surge Capacity • Determine standardized, universal measures of surge capacity. federal and state government agencies community organization • Prospectively define point-in-time and longitudinal surge capacity at the community level. community organization • Identify latent space and human resources capacities. community organization • Establish mutual aid agreements among community hospitals and other health care organizations. health care organizations community organization • Ensure a 48-72 hour stand-alone capability through the appropriate stockpiling of necessary medications and supplies. health care organizations community organization • Standardize equipment, supplies and medication doses to facilitate the provision of safe, efficient care. health care organizations pharmaceutical companies community organization federal government • Fund and facilitate the creation of a credentialing database to support a national emergency volunteer system for health care professionals. 20 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems also the Nursing Reserve Corps. – a roster of volunteer nurses who may be deployed to a disaster site or mass vaccination clinic if and when such needs arise. However, the actual availability of these nurses during a disaster remains uncertain. Depending on the extent of the disaster or the occurrence of concurrent disasters, many of these nurses may be needed in their own communities. Even absent a local disaster, provider organizations in a given community may not be able to release volunteer nurses from their staffs without compromising their own care capabilities. occurring throughout the hospital all day long and almost certainly overestimates available capacity. The Agency for Healthcare Research and Quality has embarked on a study to determine useful, relevant measures that can predict the imminent onset of emergency department overcrowding. Overcrowding in most or all of a community’s emergency departments which results in widespread ambulance diversions is, one could argue, itself a community disaster which should cause activation of the community’s emergency preparedness plan. Too Few Caregivers A severe shortage of nurses is already compromising access to health care services today,24 and a potential shortage of more than 400,000 nurses is projected by 2020.25 Given this reality, it is unclear how additional nursing services can be made available in the face of a natural or terrorist disaster. In addition to the shortage of nurses, there are acute shortages of pharmacists, laboratory technicians, respiratory therapists, and, increasingly, physicians. A planned source of surge capacity in the event of a disaster is the National Disaster Medical System (NDMS). NDMS is administered by the Office of Emergency Response (OER), which will transition from DHHS to the Department of Homeland Security in March 2003. NDMS teams include nearly 8,000 volunteer health care professionals from around the country who have been organized into general and specialty teams to help local communities respond to a disaster. Several major initiatives are underway to attract potential nurses into health care. Most notable among these is the recently enacted, but only modestly funded thus far, Nursing Reinvestment Act. This Act contemplates support both for nursing school faculty and for aspiring students, and provides for nurse recruitment campaigns. However, the long-term impacts of these initiatives are difficult to gauge. DHHS Secretary Tommy Thompson recently called for more robust funding for the Nurse Reinvestment Act, and In many communities, accurate, standardized measurement of bed capacity has become an immediate need. 21 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems was no existing mechanism to document their knowledge, skills, and experience – i.e., their credentials. Nor was there any way to objectively catalogue the special competencies that were then on-site and those that were still needed. There are currently 27 primary care teams who can, under ideal circumstances, respond to an emergency call within 12 to 24 hours. Four teams specialize in responding to an incident caused by a chemical or bioterrorism attack. There are also burn teams, mental health teams and disaster mortuary teams that can assist in a mass casualty event. But for the same reasons that a threshold number of nurses may not be available to travel to a disaster, neither may the health care workers who comprise the NDMS teams. The subsequently enacted Public Health Security Act includes a provision for the creation of a national emergency volunteer system for health care professionals. However, DHHS has not yet funded this initiative. The events of September 11 dramatize the urgency for moving this project forward. A national credentialing system built upon a common technology platform and using consensus credentialing standards would also provide rapid access to information on volunteer clinicians – both in the planning process and during an actual event. Truly adding to the capacity of available personnel in a disaster or emergency response may necessitate drawing upon medical, nursing and allied health students. DHHS is also encouraging health care organizations to consider retired physicians and nurses in their personnel surge capacity planning.26 Finally, there is also a clear role for the lay public in caring for themselves or family members in the face of a disaster. Even today, 70-90 percent of routine care is being provided by family members or other non-professional caregivers.27 While the lay caregiver role certainly has its limitations, an educated public is an important potential resource. Space and Supplies Space is a further critical consideration in defining and developing surge capacity. Space needs are defined in large measure by the uses for which the space might be deployed. Such uses include a wide range of potential activities which should be catalogued and addressed in the emergency preparedness plan. Among the diverse potential needs for space are triage, decontamination, mass vaccination, temporary mortuary, counseling, and patient care. In some instances, temporary expansion of hospital capacity will be most appropriate, e.g., through converting single patient rooms to doubles, and use of cafeteria, meeting room and office space. In other cases, nursing homes, clinics, At the same time, a disaster must not become a disorganized free-for-all for well-intended, would-be caregivers. In the immediate aftermath of the September 11 events, physicians and nurses came to the disaster sites and nearby hospitals from near and far to offer their services. But nobody knew who they were. Had their services been needed, there 22 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems patients for the first 48 hours of an emergency. Distribution of the SNS supplies also requires that there be local capacity to quickly unload, transport and administer the drugs across the affected region. rehabilitation centers, and surgery centers will be appropriate to the needs. And in still other instances, hotels, closed hospitals, armories, auditoriums and similar facilities can be utilized. Finally, caring for people in their own homes is an important source of surge capacity, and may be a particularly attractive alternative in the event of a biological attack with an infectious agent. Fully cataloging space options is also particularly important in light of the distinct possibility that hospitals and other organized settings of care may themselves become disaster casualties. There is finally an important need to standardize equipment and supplies to the extent possible. With the potential for enlisting volunteer medical personnel or borrowing staff from other hospitals in the region, such standardization will reduce the likelihood of errors and untoward events and facilitate the provision of care. Examples include standardizing switches, dials and gauges on oxygen equipment, and standardizing packaged doses of pharmaceuticals. As important as the need for identifying space options, is the need to assure the availability of adequate reserves of medications, equipment and other supplies. While immediate outside support may be forthcoming, a given community may be on its own for hours to days following a disaster. 2. Preserve the Organization — Protect the Staff “When I had a chance to look outside the command center, I saw all the doctors and nurses watching and waiting,” said Mary Thompson, the incident commander and chief operating officer at Bellevue Hospital in Manhattan, following the September 11 attack on the World Trade Center.28 “I realized if there was a biological component to this attack, they would all be contaminated. If that had been the case, I would have had to call all new surgeons.”29 By way of example, although a “push pack” is promised within 12 hours of request, pharmaceutical supplies from the Strategic National Stockpile (SNS) may take up to 48 hours to reach the locations in which they are needed. DHHS suggests that hospitals maintain enough antibiotics on hand to supply hospital staff, first responders and Despite their eagerness to respond, health care workers face real risks in doing so. Staff members need to be trained and be provided proper equipment to reduce the risk of an unsafe response – to themselves and to the organization. 23 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems 500,000 first responders and health care workers. A growing number of hospitals have abstained from the pre-event vaccination program, citing the unnecessary risk to health care workers and others from the vaccine in absence of a clear smallpox threat.30 There are important lessons to be gained from this potential scenario. Sadly, one of those lessons is that there is no “face value” to terrorism. Every event must be regarded with great caution and suspicion – a bomb may be a “dirty bomb,” an explosion could be accompanied by a release of a biological agent. The responsibilities of hospitals and other health care organizations to their employees extend beyond physical protection. An emergency response can be as emotionally anguishing as it is physically punishing. The care and support for organization staff must encompass their mental health needs as well. Hence, there is a particular need for sensitivity to personal concerns and obligations when workers, for instance, may be separated from their families and loved ones for long hours and even days. Communications support, attention to child-care needs, provision of transportation alternatives, and even direct on-site personal support can all help to alleviate worker stress. In fact, health care organizations may be well served by gathering information about staff concerns and obligations before an event occurs. For example, sixty-two percent of St.Vincent’s Catholic Medical Center’s emergency department nurses are spouses or partners of first responders in the New York City region.31 On September 11, they were asked to perform their duties on a day that must have been both professionally and personally anguishing. Despite their eagerness to respond, health care workers face real risks in doing so. Staff members need to be trained and be provided proper equipment to reduce the risk of an unsafe response – to themselves and to the organization. These staff must also have the highest priority for prophylactic antibiotics, chemical antidotes, and other practical therapeutic measures. Each hospital should have a decontamination capability in place to manage workers and patients and to preserve the ability of the organization to provide care. Although there has been some debate as to the need for such a broad-based capability, the practical reality is that the determination of contamination will often not occur until the patient has undergone a screening examination and initial stabilization. Reducing the risk to caregivers and preserving the capability of the organization to treat patients also underlies current planning regarding smallpox vaccinations.The President has authorized a pre-event vaccination program beginning with the voluntary vaccination of approximately 24 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems “federal zone,” prohibiting entry by unauthorized individuals and vehicles. New York University Downtown Hospital became the home care provider of only choice for the residents of an apartment building across the street when home care agency nurses could not breach the federal zone.32 Fortunately for these home care patients, a hospital was located across the street. In addition to receiving communications support in reaching family and loved ones, frontline workers need real-time, current information about an event that is in progress. Keeping staff apprised of “what’s going on” within the organization and across responding organizations helps them anticipate downstream needs and gain a sense of control over their own environment. In addition, maintaining contact with the “outside world” through the Internet and broadcast media can help staff avoid feelings of detachment. In order to gain capacity to care for more victims in the wake of an emergency, hospitals may cancel scheduled surgeries and defer other planned diagnostic, therapeutic and rehabilitative activities. This may buy time, but it will not buy long-term capacity. Scheduled surgeries have been scheduled for sound reasons and cannot be delayed indefinitely. 3. Ensure Care for the “Other” Patients In a massive disaster, there is the potential that many chronically and acutely ill patients could lose access to their physicians or settings where they usually receive care or obtain medications. This happened in New York City on September 11 when the affected portion of the city was declared a Accountability Tactics Direct Caregiver Protection • Make direct caregivers the highest priority for training and for receipt of protective equipment, vaccinations, prophylactic antibiotics, chemical antidotes, and other protective measures. health care organizations community organization • Provide direct caregiver support to meet mental health and other personal needs. health care organization • Support the provision of decontamination capabilities in each hospital. federal and state government hospitals community organization • Assure direct caregiver access to current information about the emergency on a continuing basis. health care organizations community organization 25 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Their privacy will be compromised, but their wounds will still be treated. Care and access to caregivers may even become rationed. The goal of graceful degradation is to avoid having the health system become a victim of the assault – from becoming incapacitated and unable to deliver care of any kind. The hospital, in essence, must engineer its failures – those that it can allow – while maintaining its ability to provide care. Delivering mothers will still need access to hospital obstetric and neonatal units, cancer patients to radiotherapy units, stroke patients to rehabilitative services, and so on. In the face of the requirement for a sustained response to an emergency, and once every option has been exercised for the transfer and treatment of patients in various settings and at various levels of care, something less than the usual standard of care in the affected community must become acceptable. At the same time that graceful degradation of health care services is occurring, the care providers and health care organizations must be exempted from the day-to-day rules of operation and regulations that otherwise would prohibit them from caring for patients in such fashions. Indeed, they must be legally protected from reciprocal actions that may occur, for instance, for violations of privacy or delivery of sub-standard care once a state of emergency has been declared. Graceful Degradation Like the electrical utility that plans for “brown-outs” in order to avoid “black-outs,”33 hospitals and other provider organizations – when stretched beyond their limits, must begin to plan to engineer their failures. The goal of such efforts is to achieve “graceful degradation” of the health care system’s care capabilities as opposed to catastrophic failure of its services. Under such scenarios, patients may need to be treated and boarded in hallways. Accountability Tactics Meeting the Care Needs of All Patients • Maintain the ability to provide routine care. health care professionals health care organizations community organization • Make provisions for the graceful degradation of care in all emergency preparedness plans. health care organizations community organization • Provide for waiver of regulatory requirements and other standards expectations under conditions of extreme emergency. federal and state government agencies accrediting bodies 26 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems sharing vital information, and managing the logistics of an integrated response. The incident management system should also establish the common terminology that community participants in the emergency management program are expected to use, in order to reduce the risk of miscommunications. 4. Manage the Incident Often referred to as “command-and-control” or incident command systems, the established authorities that have taken on responsibilities for managing emergency responses have often taken on an unnecessarily militaristic tone.34 Command and control may, indeed, be necessary, but so too are effective coordination and communication. The basic need is for an integrated response that is managed through either an incident command system or, when circumstances warrant, a unified management approach. Although definitive studies have not been conducted to establish the evidence base for the incident command system approach, it proved to be an integral element of the generally effective responses to the earthquake and fire disasters that have historically beset California, and in the September 11 attacks in New York City and Washington D.C. The variability of emergencies and the evolution of responses to them over time necessitate that the incident management system provide for fluidity of authority to adjust to changing needs. These characteristics of emergency management may also require that there be multiple, but unified authorities managing the response. Application of such an incident management system does not preclude others from having authority and responsibility within their domains of expertise or experience. Rather, it assures that there is an emergency management structure in place that is responsible for coordinating resource deployment, The importance of such systems is also emphasized by their absence. During the 2001 anthrax attacks, there was no incident management system of any kind. Nor was there any coordinated response among various authorities within localities or across multiple jurisdictions. So disjointed was the response that differing information was provided by various responsible public health offices as to how to recognize and treat anthrax infections. Accountability Tactics Incident Management community organization • Adopt incident management approaches that provide for simultaneous management involvement by multiple authorities, and fluidity of authority as a function of the scale and nature of the emergency situation. 27 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems that individuals need not be in the vicinity of a catastrophic event to experience substantial event-related stress.39 With eyes glued to the graphic television coverage across the nation, 90 percent of adults surveyed reported having some symptoms of stress.40 While 60 percent of those in close proximity to the sites of attack reported high degrees of stress, 36 percent of respondents living more than 1,000 miles away from the World Trade Center also reported substantial stress.41 Recognizing the need for a functional conduit of accurate information, the District of Columbia Hospital Association worked with emergency physicians across the National Capital Region to organize daily conference calls that created interfaces among the health care providers, local public health representatives, the D.C. Department of Health, and the CDC.35 5. Consider the Threat to Mind, as well as Body Significant consideration must be given to the psychological effects of a disaster. It is estimated that for every one physical casualty caused by a terrorism incident, there are four to 20 psychological victims.36 The September 11 attack has been described as a “mental health catastrophe.”37 In just one of the hospitals proximate to the attack in New York City — St.Vincent’s Catholic Medical Center — staff in the psychiatric department provided counseling and support to more than 7,000 people and received more than 10,000 calls to their help line during the first two weeks following the disaster.38 Though initially traumatized, the vast majority, through their own resiliency, will suffer no significant residua;42 however, some will manifest symptoms of post-traumatic stress disorder (PTSD). Even then, most PTSD sufferers typically recover rapidly.43 However, in the rare event that PTSD persists, it requires evaluation and treatment.44 Other trauma-related disorders are more common.45 These include unexplained physical symptoms, sleep disturbances, increased use of alcohol and cigarettes, and increased family conflict and violence.46 But, because these symptoms are often associated with the stresses of daily living, they may easily be overlooked and not associated with the traumatic event.47 Results of a survey conducted by the RAND Corporation three to five days after the September 11 attack clearly demonstrated Accountability Tactics Mental Health Management mental health professionals health care organizations community organization • Make provisions for accommodating and managing the substantial acute mental health needs of the community when a natural or terrorist event occurs. 28 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Psychological victims often also include those involved in treating the physical casualties. In fact, disaster responders, including medical personnel, are a high-risk group for developing trauma-related disorders. In addition to assuring access to personal protective equipment (PPE), vaccination and prophylactic treatments for first responders and frontline health care workers, health care organizations need to direct attention to mitigating the stress-related psychological effects of disaster response on these individuals. sense of security. A recent incident in which 250 people were exposed to radioactive material in Goiannia, Brazil illustrates the psychological impact of a terrorizing event. Five thousand of the first 60,000 people who sought medical care after awareness of the incident spread, though unexposed, developed the physical symptoms (rash and nausea) that mimicked those of radiation exposure. All told, 125,000 people sought medical screening for radiological contamination – a 500-to-1 ratio of patients screened to patients exposed.51 Throughout the duration of the response, responders should be given – even if it must be mandated for some – rest periods. Over-dedication is a risk factor for developing PTSD.48 Further, care providers should be encouraged to “naturally debrief” – that is to talk with their colleagues, friends and families about their experiences.49 First responders and other high-risk groups should also be evaluated over time following the disaster to monitor their recovery and detect any signs of an “abnormal response.”50 Fear, though, can be assuaged through targeted education, application of risk-reduction strategies, and the teaching of coping skills.52 6. Enlist the Public While the fear bred by a disaster or terrorist incident may far exceed the deleterious effects of the occurrence itself, it would be unfair to characterize that fear as unreasonable. In the face of real threats to safety and the absence of credible and helpful information, public fear may indeed be reasonable.53 But, contrary to common perception, widespread panic is rare in response to disasters.54 The preparedness program should also anticipate and address the “fear factor” inherent in terrorism. The goal of terrorism is, after all, to instill fear and erode society’s Significant consideration must be given to the psychological effects of a disaster. 29 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems The public may indeed assume even more basic life-saving roles in emergency situations. In a mass casualty event, rescuers and emergency medical services may quickly become overwhelmed. When this has occurred, members of the public have, in fact, saved the majority of victims in the search and rescue phase of a disaster response.58 Lay individuals may, and often do, become active caregivers when medical resources become thin – visiting the ill in their homes, distributing antibiotics, even conducting epidemiological investigations and outbreak reporting.59 Nevertheless, prospective, and later concurrent, education and information sharing is an essential element of strategies to ensure calm and promote constructive behaviors, particularly in the event of an unprecedented attack.55 A recent report issued by the National Academy of Sciences emphasizes that, in the event of a terrorist incident, it is essential that trusted spokespersons inform the public immediately and with expert authority, to both educate the public and assuage public concerns.56 Ideally, the public should be enlisted as a capable, active partner in the preparedness system.57 An educated public plays a potentially vital role in infectious disease containment and bioterrorism surveillance. When individuals are aware of the signs and symptoms of a suspected biological agent, they are more likely to seek medical attention when it is warranted, and not otherwise unwittingly overwhelm the health system and hinder its ability to care for those most in need. They are also then able to engage in risk reduction activities to help contain an infectious outbreak. It almost goes without saying that the mass media can and should play a central role in conveying information that will permit the general public to optimize their contributions to the emergency response. Civic organizations, professional networks and social groups are also potential conduits for information, as well as resources that can be enlisted to aid in a response effort.60 Accountability Tactics Public Engagement • Provide public education about emergency preparedness. federal and state governments community organization • Actively engage the public in emergency preparedness planning. community organization 30 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Immediately following the World Trade Center attack, telephone lines were down, and cell networks became jammed. New York-area hospitals were deluged by calls from families and friends of the missing who, without a centralized patient locator system, were virtually impossible to find on a real-time basis. 7. Identify Communication and Information Needs and Meet Them Information management — the ability to communicate, what to communicate, to whom and when – lies at the heart of the emergency response. For health care organizations, the information needs of its constituents – the general public, patients and their families, the staff and their families, first responders, the media, community officials, and public health agencies, among others – should be anticipated. This experience dramatized the need for redundant communications capabilities in emergency situations. Various options for backing up telephone communications exist. These include two-way radios and dedicated channels, wireless personal digital assistants (PDAs), cell phones, satellite phones, pagers, and Internet connectivity and designated Web sites. The experiences of September 11 and the subsequent anthrax attacks underscored the criticality of communications in mounting an effective emergency response. In this situation, vulnerabilities in the communications infrastructure quickly surfaced. Accountability Tactics Information Management • Anticipate the information needs of community organization participants and the public. community organization • Create redundant, interoperable communications capabilities. federal and state governments community organization • Develop a centralized community-wide patient locator system. community organization • Prospectively identify trusted spokespersons to communicate with the public in the event of a natural or intentional disaster. community organization • Engage the mass media in the emergency preparedness planning process and, in the event of an emergency situation, utilize the media to communicate accurate information and helpful instructions. community organization • Develop an “information stockpile” to support communications activities. community organization 31 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems with the medical community, is a key aspect of effective communications and underlies the ability to elicit the desired responses. Sources of scientific and relevant expertise should be prospectively identified to ensure the authenticity of the information being imparted. Protocols for using various communications modalities should be pre-determined and consistent across the preparedness system, and all should be inter-operable. A centralized patient locator system, such as that being developed under the leadership of the Greater New York Hospital Association in New York, is another vital communications infrastructure asset. The news media can be a critical partner in the dissemination of information, and are logical additional participants in the development of community-based emergency preparedness plans. In any event, it is essential to involve media representatives early in communication and information-sharing processes. Media understanding of the information and the underlying issues offers the greatest prospect for accurate, sensitive, and constructive reporting to the public. The media may also – by default – become the principal initial conduit of clinical information for medical care providers. In this regard, an “information stockpile”68 of credible information that is available in various formats – public service announcements, brochures, fact sheets,Web communications – should also be developed to support outreach efforts. A critical issue in the analysis of the 2001 anthrax response is the way in which information was – and was not — managed and communicated. This resulted in a crisis in confidence in the public health system.61,62,63 Information was not being coordinated among public health agencies involved in the response, nor between public health agencies and the medical community charged with evaluating and treating potential anthrax victims.64,65,66 Attempts by the authorities managing the response to “spin” the information to reduce perceptions of risk, and perhaps to gloss over errors or a lack of expertise, served to erode public trust.67 The identification and use of credible, expert spokespersons to take the lead in communicating with the public, as well as The news media can be a critical partner in the dissemination of information, and are logical additional participants in the development of community-based emergency preparedness plans. 32 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Further, the more realistic the drill is, the better the learning and improvement opportunities will be. Indeed, some have suggested that if a drill is not planned to truly inconvenience the participants and the community – as a real emergency would – then its value is already compromised.69 At the same time, it bears recognition that mini-emergencies – often occasioned by emergency department overcrowding across communities – are everyday realities in many parts of the country and certainly provide ample justification for activation of basic elements of a community’s emergency preparedness plan. Such activation can both help to address temporary clinical care crises and also permit continuing refinement of preparedness plans. 8. Test, Learn, Improve and Be Ready The Joint Commission emergency management standards require each accredited health care organization to conduct drills of its emergency management plan at least twice yearly. While such drills are sometimes viewed as “make-work,” they are in fact a critical element of the emergency preparedness process. And as the complexity of the planning process escalates from an individual organization basis to a community base, the need for carefully crafted, full-scale drills in which all of the participants are involved becomes even greater. Further, the drill is more than just an exercise; it is a special opportunity to learn how the preparedness plan and response can be improved. In that regard, it is essential that appropriate metrics for drill evaluation be prospectively identified. Accountability Tactics Emergency Preparedness Program Testing • Regularly test, at least yearly, community emergency preparedness plans through reality-based drills for the purpose of identifying opportunities for improving and refining the plan. community organization • Prospectively establish appropriate metrics for objectively assessing the effectiveness of the plan. community organization • Assure the inclusion of all community emergency preparedness program participants in plan tests. community organization • Activate the preparedness plan in response to real-world health care crises, e.g. community-wide emergency department overcrowding. community organization 33 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems The University of Maryland Medical System recently conducted a full-scale drill, dubbed “Free State Response,” in partnership with the U.S.Air Force and the Maryland Emergency Management Authority. All told, the drill cost between $200,000 and $300,000, but in the view of the medical system, that money bought “profound knowledge.”70 In addition to revealing where existing vulnerabilities lay, the drill inculcated the emergency management plan into the minds of the medical system’s staff – where it could more easily be retrieved during an actual disaster.71 Of the two drills the Joint Commission requires each year, one is expected to be a community-wide drill. Such drills can be costly. As a means to cost-share or defray the costs, accredited health care organizations are encouraged to seek partners in the community who will also benefit from the drill. Local government, public health authorities, emergency medical services, fire and police – all of the key participants in the local preparedness system — should be involved in and share in the accountability for community-wide drills. Recommendations Accountability Tactics Surge Capacity • Determine standardized, universal measures of surge capacity. federal and state government agencies community organization • Prospectively define point-in-time and longitudinal surge capacity at the community level. community organization • Identify latent space and human resources capacities. community organization • Establish mutual aid agreements among community hospitals and other health care organizations. health care organizations community organization • Ensure a 48-72 hour stand-alone capability through the appropriate stockpiling of necessary medications and supplies. health care organizations community organization • Standardize equipment, supplies and medication doses to facilitate the provision of safe, efficient care. health care organizations pharmaceutical companies community organization • Fund and facilitate the creation of a credentialing database to support a national emergency volunteer system for health care professionals. federal government 34 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Accountability Tactics Direct Caregiver Protection • Make direct caregivers the highest priority for training and for receipt of protective equipment, vaccinations, prophylactic antibiotics, chemical antidotes, and other protective measures. health care organizations community organization • Provide direct caregiver support to meet mental health and other personal needs. health care organization • Support the provision of decontamination capabilities in each hospital. federal and state government hospitals community organization • Assure direct caregiver access to current information about the emergency on a continuing basis. health care organizations community organization Meeting the Care Needs of All Patients • Maintain the ability to provide routine care. health care professionals health care organizations community organization • Make provisions for the graceful degradation of care in all emergency preparedness plans. health care organizations community organization • Provide for waiver of regulatory requirements and other standards expectations under conditions of extreme emergency. federal and state government agencies accrediting bodies Incident Management community organization • Adopt incident management approaches that provide for simultaneous management involvement by multiple authorities and fluidity of authority as a function of the scale and nature of the emergency situation. Mental Health Management mental health professionals health care organizations community organization • Make provisions for accommodating and managing the substantial acute mental health needs of the community when a natural or terrorist event occurs. 35 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Accountability Tactics Public Engagement • Provide public education about emergency preparedness. federal and state governments community organization • Actively engage the public in emergency preparedness planning. community organization Information Management • Anticipate the information needs of community organization participants and the public. community organization • Create redundant, interoperable communications capabilities. federal and state governments community organization • Develop a centralized community-wide patient locator system. community organization • Prospectively identify trusted spokespersons to communicate with the public in the event of a natural or intentional disaster. community organization • Engage the mass media in the emergency preparedness planning process and, in the event of an emergency situation, utilize the media to communicate accurate information and helpful instructions. community organization • Develop an “information stockpile” to support communications activities. community organization Emergency Preparedness Program Testing • Regularly test, at least yearly, community emergency preparedness plans through reality-based drills for the purpose of identifying opportunities for improving and refining the plan. community organization • Prospectively establish appropriate metrics for objectively assessing the effectiveness of the plan. community organization • Assure the inclusion of all community emergency preparedness program participants in plan tests. community organization • Activate the preparedness plan in response to real-world health care crises, e.g. community-wide emergency department overcrowding. community organization 36 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems Part III. Establish Accountabilities, Oversight, Leadership and Sustainment of Community Preparedness Systems agencies, both as recipients of significant funding and as critical participants in the development of community preparedness initiatives, also lack the objectivity necessary to thoroughly assess the functionality of community preparedness programs in their states. A Question of Accountability With the current heavy focus on emergency preparedness planning, little attention is being paid to mechanisms for assessing the actual readiness of communities for emergencies. Indeed, states have been required to submit “plans for planning” for emergency preparedness as the principal condition for receipt of federal funding. However, actual readiness will not be defined simply by the creation of a plan or even by its periodic testing. Readiness must eventually be assessed by objective parties against prospectively established standards. Such standards must include expectations for evidence of maintenance of readiness over time. The appropriate time to establish an effective, objective oversight mechanism for evaluating community emergency preparedness programs and assuring that they are meeting reasonable standards expectations is not after this country has experienced multiple plan failures. There are already sufficient lessons from the past to underscore the importance of preventive measures in this area as well. The issues of accountability and oversight currently hover in the background. Governors have been defined as being accountable for submitting their state emergency preparedness work plans to DHHS. This at least creates presumptive accountability on the part of individual governors for state-wide emergency preparedness. At the same time, it very much leaves open the issue as to how the individual governors will simultaneously and objectively determine the effectiveness of that preparedness. State public health Sustainable Funding Following the 2001 terrorism attacks, Congress appropriated $40 billion to be expended through 2002 on terrorism preparedness efforts; $135 million of these funds were earmarked for hospitals. Most hospitals are still awaiting receipt of those funds, which, owing to the manner in which states allocate such funds, are currently unaccounted for or are hung-up in state budget hearings.72 Accountability Tactics federal government • Develop and implement objective evaluation methods for assessing the substance and effectiveness of local emergency preparedness plans and the actual readiness of community organizations to manage disasters and terrorist events. 37 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems term, there is clearly a need for a sustainable funding mechanism to support their emergency preparedness efforts. As the most critical care delivery component of a tightly woven preparedness system, hospitals will require funding for development, as well as for maintenance and fortification of their preparedness programs. In the absence of adequate federal funding, and with hospitals’ inability to rely on private funding to bolster their preparedness efforts, some have suggested exploration of creative “taxation” approaches, such as a hospital surcharge on patient visits, to provide a sustained funding stream that will permit hospitals to meet public expectations of their emergency preparedness capabilities. Indeed, if “at the end of the day, it is medical care that will be needed,”77 hospitals and other organizations in the care continuum are going to require the means to provide it. In the President’s 2003 budget, $535 million is earmarked for hospital preparedness.73 The budget also includes $3.5 billion in terrorism preparedness funds for first responders to acquire new technologies, equipment and communications systems, and to conduct drills among first responder agencies. Unfortunately for hospitals, the President’s budget limits the definition of first responders to firefighters, local law enforcement, rescue squads, ambulances and emergency medical personnel.73 All FY2003 terrorism preparedness funding, though, remains “on the table” in anticipation of budget allocation hearings. Many expect that with a potential war with Iraq and the stumbling U.S. economy, the level of funding for preparedness activities will likely be reduced.76 While it remains to be seen what actual funding hospitals will receive in the near Accountability Tactics • Provide funding at the local level for emergency preparedness planning, specifically including adequate funding for hospitals, and assure that the funds actually reach the local level. federal and state governments • Explore alternative options for providing sustained funding for hospital emergency preparedness activities. hospitals federal and state governments • Initiate and fund public-private sector partnerships that are charged to conduct research on and develop relevant, scalable templates for emergency preparedness plans that will meet local community needs in a variety of urban, suburban, and sparsely populated settings. federal and state governments academic health centers established community organizations accrediting bodies 38 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems executive director of the State Bioterrorism Preparedness and Response Program; establishment of an advisory committee that includes representatives from state and local health departments, other appropriate government agencies, emergency medical services, police and fire departments, hospitals, community health centers, and other health care providers, among others; and the preparation of a timeline for development of both state and regional plans for responding to incidents of bioterrorism, other infectious diseases, and other public health threats and emergencies. Each state is also to establish a hospital planning committee, designate a coordinator for hospital bioterrorism planning, and develop a plan for a potential epidemic involving at least 500 patients. While these macro state plans are necessary, they are far from sufficient to meet local community planning needs. Once again, most disasters and terrorist events will be local, and the effectiveness of the response will be determined at the local level. Guiding the Effort There is – as already noted – also the need for credible guidance, in the form of templates or models, to jumpstart and facilitate community preparedness program development. Many involved in developing community-wide preparedness programs have little idea as to what constitutes an acceptable, let alone, ideal model. And the fact is that response capabilities and basic needs and structure vary substantially among urban, suburban, and rural communities and even within those communities. A nascent national template for emergency management has now emerged through the enactment of the “Public Health Security and Bioterrorism Preparedness and Response Act.” Preceding the enactment of the bioterrorism legislation, all states were required to submit their bioterrorism preparedness work plans to DHHS as a prerequisite for allocation of state funding. Among the 17 critical benchmarks DHHS required in the state plans were the designation of a senior public health official within the state to serve as the Accountability Tactics • Disseminate information about existing best practices and lessons learned respecting existing emergency preparedness initiatives to community organizations, hospitals and other health care organizations. federal and state governments 39 Health Care at the Crossroads: Strategies for Creating and Sustaining Community-wide Emergency Preparedness Systems features of an all risks ready emergency facility — one built specifically for scalability, threat mitigation, and management of the medical consequences of terrorism. E.R. One will utilize new information, building, materials and engineering technologies, and will embed concepts of modularity and flexibility so as to be configurable to any threat. Leading Project E.R. One is the Washington Hospital Center, which is the largest hospital in Washington D.C. The hospital is located less than two miles from the U.S. Capitol and so is the likely hospital to receive large numbers of victims from an attack on this country’s seat of government. Another template developed by federal authorities is the model plan recently released by the Centers for Disease Control and Prevention (CDC) for vaccinating the U.S. population following a smallpox outbreak. The model plan was sent to all 50 states to aid in the rapid creation of voluntary smallpox vaccination clinics that would permit the vaccination of one million people within 10 days. The plan provides information on the supplies and resources that will be provided by the federal government; security considerations; suggested clinic organization and logistics; estimated personnel needs; clinical issues and considerations; sample consent forms and public education materials; and a template for delivery of mass patient care should that become necessary.78 The model plan does not, however, provide direction as to the acquisition of resources – either financial or human – to create and operate mass vaccination clinics. This too is a necessary template but one which is targeted to a specific potential problem. Other preparedness models are being developed in the private sector.79 However, public-private sector partnerships offer the best overall prospect for research on and development of relevant, scalable models that will meet local community needs in a variety of urban, suburban, and sparsely populated settings. There is considerable urgency to move this work forward. The federal government is also investing in the creation of a model facility for emergency preparedness. “Project E.R. One” is a federal initiative to develop the design Indeed, if “at the end of the day, it is medical care that will be needed,” hospitals and other organizations in the care continuum are going to require the means to provide it. 40 Health Care at the Crossroads: Strategies for Creating and Sustaining Comm…
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The Joint Commission Discussion

The Joint Commission Discussion

Respond to each of the two posts with two paragraphs and use at least one reference for each answer. ((APA citation))

the two posts of students who answered the following question (“Is being Joint Commission compliant enough to be able to prepare, respond and recover from a disaster? Explain your answer and review the JC Lessons Learned. What lesson learned resonated with you? Why?”)

First Post (1)

Through accreditation the Joint Commission accreditation, organizations have been able to engage in the development and implementation of comprehensive emergency management plans (Wagner, McDonald, & Castle, 2012). However, while there have been gains in quality measures including patient safety and physical restraint use, being compliant to the Joint Commission is not enough to engage in effective preparation, response, and recovery in case disaster strikes. Lam et al. (2018) found that even though Joint Commission hospitals display better results in patient outcomes, the difference with non-JC accredited hospitals is negligible which might be a consequence of competition within local and regional markets which characterizes hospitals. Wagner, McDonald, and Castle (2012) point out that the Joint Commission’s frequent assessments dull the process of emergency management and lessen its impact. Increasing competition and establishing incentives for risk management can contribute to disaster response management too.

The Joint Commission lesson learned

Among the lessons that the Joint Commission learned, one lesson that resonated with me was the one on planning, training and exercising for infectious disease emergencies. This includes training on the process of initial screening as well as the utility of PPE. Care teams also receive iterative training and learn how to carry out safe patient flow from the entry point to isolation as well as ensuring that patients are transferred safely. Training on the use of dedicated equipment and disposal and transport of waste is also important. This resonated with me because all the activities that are outlined within the lesson are all geared towards equipping management teams with patient care skills during emergencies and ensuring favorable patient outcomes.

References

Lam, M. B., Figueroa, J. F., Feyman, Y., Reimold, K. E., Orav, E. J., & Jha, A. K. (2018). Association between patient outcomes and accreditation in US hospitals: an observational study. BMJ, 363(8179), 1-10. doi:10.1136/bmj.k4011

Wagner, L. M., McDonald, S. M., & Castle, N. G. (2012). Joint Commission Accreditation and Quality Measures in U.S. Nursing Homes. Policy, Politics, & Nursing Practice, 13(1), 8-16. doi:10.1177/1527154412443990

Second post (2)

To a large extent, being the joint commission compliance is what it would take to prepare, respond and recover from a disaster. Focusing on the mission of the organization, its culture and how committed it is to constantly improve the safety and quality of care offered it is enough to manage disasters. The organization is assigned the task of accrediting and certificating hospitals and individuals, checking on performance and measuring the standards of services provided by nurses (Joint Commission on Accreditation of Healthcare Organizations., & Joint Commission Resources, 2006).

The organization equips nurses with skills on preparedness to emergency response, and it provides tools that can be used. The Joint Commission International has a wide scope of operation. It has emergency detecting and alerting devices. It holds campaigns to educate the public about basic safety rules in case of any disaster. It allocates finances for the operations, and it has invested in modern technology to help manage disasters. I am convinced that being the Joint Commission compliance is enough to prepare, respond and recover from disasters, through personal commitment also matters a lot.

The lesson that resonated me was “Transparency at all levels” and “putting the patients’ lives the priority.” The primary responsibility of nurses is to save lives. The work culture requires ethics when handling clients. Transparency would help us attain satisfaction. Putting the patients’ safety the priority is another lesson that has been recurring in my education process. It touched me when I realized that there might be individuals whose lives depend on the patient and when one life is lost, other lives that depend on the deceased suffer. Saving one life is saving many lives. This lesson helped me to be passionate and careful when handling patients.

It is with a deep concern that I thought “what if I am involved in a disaster and then I am not treated well?” In short, there is a special and less special life. Treating and caring for victims as I could like to be treated and cared will be my key concern. Someone’s situation today would be my situation tomorrow. To conclude, nurses must remain loyal to offering the best services to patients because this is their primary role and responsibility (Joint Commission Resources, 2012).

References

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Joint Commission on Accreditation of Healthcare Organizations & Joint Commission

Resources, Inc. (2006). Meeting the Joint Commission’s 2007 National Patient Safety Goals. Oakbrook Terrace, IL: Joint Commission Resources.

Joint Commission Resources, Inc. (2012). Emergency management in health care: An all-

hazards approach. Oakbrook Terrace, IL: Joint Commission Resources.

HCM481 Educational Flyer Help Strategic Planning Approaches

HCM481 Educational Flyer Help Strategic Planning Approaches

Scenario: You are the Director of Strategic Planning for a large hospital. In three weeks, the senior leadership team will embark on its annual strategic planning cycle. The CEO has decided that the team needs a “refresher” on two important topics: Internal Factor Evaluation and Internal–External Matrix. She has asked you to develop a one-page “flyer” that compares them in a side-by-side format. The flyer should describe each tool and bullet the following items: How the tool is used, strengths of the tools, limitations of the tools, and challenges that organizations usually face in trying to use the tools.

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The flyer should be well organized and written and meet the following requirements:

  • One page in length (excluding reference list, which is required)
  • Include at least three current references from the peer-reviewed articles.

Here are some resources for information about developing flyers:

  • https://business.tutsplus.com/articles/10-design-tips-to-make-a-professional-business-flyer–cms-26226 (Links to an external site.)Links to an external site.
  • https://designshack.net/articles/graphics/how-to-design-an-awesome-flyer-even-if-youre-not-a-designer/ (Links to an external site.)Links to an external site.
  • Make a Flyer using Word (Links to an external site.)Links to an external site.

HCM 481 University of Alabama Value Chain analysis

HCM 481 University of Alabama Value Chain analysis

How can analysis of the value chain be used to assess strategic alternatives? How does this approach differ from the market structure and the resource-based views? Provide examples to support your position.

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CMC Rule In Healthcare Emergency Management Discussio

CMC Rule In Healthcare Emergency Management Discussio

Vol. 81 Friday, No. 180 September 16, 2016 Part II Department of Health and Human Services mstockstill on DSK3G9T082PROD with RULES2 Centers for Medicare & Medicaid Services 42 C

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FR Parts 403, 416, 418, et al. Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers; Final Rule VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16SER2.SGM 16SER2 63860 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 403, 416, 418, 441, 460, 482, 483, 484, 485, 486, 491, and 494 [CMS–3178–F] RIN 0938–AO91 Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. AGENCY: This final rule establishes national emergency preparedness requirements for Medicare- and Medicaid-participating providers and suppliers to plan adequately for both natural and man-made disasters, and coordinate with federal, state, tribal, regional, and local emergency preparedness systems. It will also assist providers and suppliers to adequately prepare to meet the needs of patients, residents, clients, and participants during disasters and emergency situations. Despite some variations, our regulations will provide consistent emergency preparedness requirements, enhance patient safety during emergencies for persons served by Medicare- and Medicaid-participating facilities, and establish a more coordinated and defined response to natural and man-made disasters. DATES: Effective date: These regulations are effective on November 15, 2016. Incorporation by reference: The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register November 15, 2016. Implementation date: These regulations must be implemented by November 15, 2017. FOR FURTHER INFORMATION CONTACT: Janice Graham, (410) 786–8020. Mary Collins, (410) 786–3189. Diane Corning, (410) 786–8486. Kianna Banks (410) 786–3498. Ronisha Blackstone, (410) 786–6882. Alpha-Banu Huq, (410) 786–8687. Lisa Parker, (410) 786–4665. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with RULES2 SUMMARY: Acronyms AAAHC Accreditation Association for Ambulatory Health Care, Inc. AAAASF American Association for Accreditation for Ambulatory Surgery Facilities, Inc. VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 AAR/IP After Action Report/Improvement Plan ACHC Accreditation Commission for Health Care, Inc. ACHE American College of Healthcare Executives AHA American Hospital Association AO Accrediting Organization AOA/HFAP American Osteopathic Association/Healthcare Facilities Accreditation Program ASC Ambulatory Surgical Center ARCAH Accreditation Requirements for Critical Access Hospitals ASPR Assistant Secretary for Preparedness and Response BLS Bureau of Labor Statistics BTCDP Bioterrorism Training and Curriculum Development Program CAH Critical Access Hospital CAMCAH Comprehensive Accreditation Manual for Critical Access Hospitals CAMH Comprehensive Accreditation Manual for Hospitals CASPER Certification and the Survey Provider Enhanced Reporting CDC Centers for Disease Control and Prevention CON Certificate of Need CfCs Conditions for Coverage and Conditions for Certification CHAP Community Health Accreditation Program CMHC Community Mental Health Center CMS Centers for Medicare and Medicaid Services COI Collection of Information CoPs Conditions of Participation CORF Comprehensive Outpatient Rehabilitation Facilities CPHP Centers for Public Health Preparedness CRI Cities Readiness Initiative DHS Department of Homeland Security DHHS Department of Health and Human Services DNV GL Det Norske Veritas GL—Healthcare DOL Department of Labor DPU Distinct Part Units DSA Donation Service Area EOP Emergency Operations Plans EC Environment of Care EMP Emergency Management Plan EP Emergency Preparedness ESAR–VHP Emergency System for Advance Registration of Volunteer Health Professionals ESF Emergency Support Function ESRD End-Stage Renal Disease FEMA Federal Emergency Management Agency FDA Food and Drug Administration FORHP Federal Office of Rural Health Policy FRI Federal Reserve Inventories FQHC Federally Qualified Health Center GAO Government Accountability Office HFAP Healthcare Facilities Accreditation Program HHA Home Health Agencies HPP Hospital Preparedness Program HRSA Health Resources and Services Administration HSC Homeland Security Council HSEEP Homeland Security Exercise and Evaluation Program PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 HSPD Homeland Security Presidential Directive HVA Hazard Vulnerability Analysis or Assessment ICFs/IID Intermediate Care Facilities for Individuals with Intellectual Disabilities ICR Information Collection Requirements IDG Interdisciplinary Group IOM Institute of Medicine JPATS Joint Patient Assessment and Tracking System LEP Limited English Proficiency LD Leadership LPHA Local Public Health Agencies LSC Life Safety Code LTC Long Term Care MMRS Metropolitan Medical Response System MRC Medical Reserve Corps MS Medical Staff NDMS National Disaster Medical System NFs Nursing Facilities NFPA National Fire Protection Association NIMS National Incident Management System NIOSH National Institute for Occupational Safety and Health NLTN National Laboratory Training Network NRP National Response Plan NRF National Response Framework NSS National Security Staff OBRA Omnibus Budget Reconciliation Act OIG Office of the Inspector General OPHPR Office of Public Health Preparedness and Response OPO Organ Procurement Organization OPT Outpatient Physical Therapy OPTN Organ Procurement and Transplantation Network OSHA Occupational Safety and Health Administration PACE Program for the All-Inclusive Care for the Elderly PAHPA Pandemic and All-Hazards Preparedness Act PAHPRA Pandemic and All-Hazards Preparedness Reauthorization Act PCT Patient Care Technician PPE Personal Protection Equipment PHEP Public Health Emergency Preparedness PHS Act Public Health Service Act PIN Policy Information Notice PPD Presidential Policy Directive PRTF Psychiatric Residential Treatment Facilities QAPI Quality Assessment and Performance Improvement QIES Quality Improvement and Evaluation System RFA Regulatory Flexibility Act RNHCIs Religious Nonmedical Health Care Institutions RHC Rural Health Clinic SAMHSA Substance Abuse and Mental Health Services Administration SLP Speech Language Pathology SNF Skilled Nursing Facility SNS Strategic National Stockpile TEFRA Tax Equity and Fiscal Responsibility Act TFAH Trust for America’s Health TJC The Joint Commission TRACIE Technical Resources, Assistance Center, and Information Exchange E:\FR\FM\16SER2.SGM 16SER2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations TTX Tabletop Exercise UMRA Unfunded Mandates Reform Act UNOS United Network for Organ Sharing UPMC University of Pittsburgh Medical Center WHO World Health Organization mstockstill on DSK3G9T082PROD with RULES2 Table of Contents I. Overview A. Executive Summary 1. Purpose 2. Summary of the Major Provisions B. Current State of Emergency Preparedness C. Statutory and Regulatory Background II. Provisions of the Proposed Rule and Responses to Public Comments A. General Comments 1. Integrated Health Systems 2. Requests for Technical Assistance and Funding 3. Requirement To Track Patients and Staff B. Implementation Date C. Emergency Preparedness Regulations for Hospitals (§ 482.15) 1. Risk Assessment and Emergency Plan (§ 482.15(a)) 2. Policies and Procedures (§ 482.15(b) 3. Communication Plan (§ 482.15(c) 4. Training and Testing (§ 482.15(d) 5. Emergency Fuel and Generator Testing (§ 482.15(e) D. Emergency Preparedness Regulations for Religious Nonmedical Health Care Institutions (RNHCIs) (§ 403.748) E. Emergency Preparedness Regulations for Ambulatory Surgical Centers (ASCs) (§ 416.54) F. Emergency Preparedness Regulations for Hospices (§ 418.113) G. Emergency Preparedness Regulations for Psychiatric Residential Treatment Facilities (PRTFs) (§ 441.184) H. Emergency Preparedness Regulations for Programs of All-Inclusive Care for the Elderly (PACE) (§ 460.84) I. Emergency Preparedness Regulations for Transplant Centers (§ 482.78) J. Emergency Preparedness Regulations for Long-Term Care (LTC) Facilities (§ 483.73) K. Emergency Preparedness Regulations for Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICF/IID) (§ 483.475) L. Emergency Preparedness Regulations for Home Health Agencies (HHAs) (§ 484.22) M. Emergency Preparedness Regulations for Comprehensive Outpatient Rehabilitation Facilities (CORFs) (§ 485.68) N. Emergency Preparedness Regulations for Critical Access Hospitals (CAHs) (§ 485.625) O. Emergency Preparedness Regulations for Clinics, Rehabilitation Agencies, and Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services (Organizations) (§ 485.727) P. Emergency Preparedness Regulations for Community Mental Health Centers (CMHCs) (§ 485.920) Q. Emergency Preparedness Regulations for Organ Procurement Organizations (OPOs) (§ 486.360) VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 R. Emergency Preparedness Regulations for Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs) (§ 491.12) S. Emergency Preparedness Regulations for End-Stage Renal Disease (ESRD) Facilities (§ 494.62) III. Provisions of the Final Regulations A. Changes Included in the Final Rule B. Incorporation by Reference IV. Collection of Information V. Regulatory Impact Analysis VI. Waiver of Proposed Rulemaking I. Overview A. Executive Summary 1. Purpose We have reviewed existing Medicare emergency regulatory preparedness requirements for both providers and suppliers. We found that many providers and suppliers have emergency preparedness requirements, but those requirements do not go far enough in ensuring that these providers and suppliers are equipped and prepared to help protect those they serve during emergencies and disasters. Hospitals, for example, are currently required to have emergency power and lighting in some specified areas and there must be facilities for emergency gas and water supply. We believe that these existing requirements are generally insufficient in the face of the needs of the patients, staff and communities, and do not address inconsistency in the level of emergency preparedness amongst healthcare providers. For example, while some accreditation organizations have standards that exceed CMS’ current requirements for hospitals by requiring them to conduct a risk assessment, there are other providers and suppliers who do not have any emergency preparedness requirements, such as Community Mental Health Centers (CMHCs) and Psychiatric Residential Treatment Facilities (PRTFs). We concluded that current emergency preparedness requirements are not comprehensive enough to address the complexities of the actual emergencies. Over the past several years, the United States has been challenged by several natural and manmade disasters. As a result of the September 11, 2001 terrorist attacks, the subsequent anthrax attacks, the catastrophic hurricanes in the Gulf Coast states in 2005, flooding in the Midwestern states in 2008, the 2009 H1N1 influenza pandemic, tornadoes and floods in the spring of 2011, and Hurricane Sandy in 2012, our nation’s health security and readiness for public health emergencies have been on the national agenda. This final rule issues emergency preparedness requirements PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 63861 that establish a comprehensive, consistent, flexible, and dynamic regulatory approach to emergency preparedness and response that incorporates the lessons learned from the past, combined with the proven best practices of the present. We recognize that central to this approach is to develop and guide emergency preparedness and response within the framework of our national healthcare system. To this end, these requirements also encourage providers and suppliers to coordinate their preparedness efforts within their own communities and states as well as across state lines, as necessary, to achieve their goals. 2. Summary of the Major Provisions We are issuing emergency preparedness requirements that will be consistent and enforceable for all affected Medicare and Medicaid providers and suppliers (referred to collectively as ‘‘facilities,’’ throughout the remainder of this final rule where applicable). This final rule addresses the three key essentials we believe are necessary for maintaining access to healthcare services during emergencies: safeguarding human resources, maintaining business continuity, and protecting physical resources. Current regulations for Medicare and Medicaid providers and suppliers do not adequately address these key elements. Based on our research and consultation with stakeholders, we have identified four core elements that are central to an effective and comprehensive framework of emergency preparedness requirements for the various Medicare- and Medicaidparticipating providers and suppliers. The four elements of the emergency preparedness program are as follows: • Risk assessment and emergency planning: We are requiring facilities to perform a risk assessment that uses an ‘‘all-hazards’’ approach prior to establishing an emergency plan. The allhazards risk assessment will be used to identify the essential components to be integrated into the facility emergency plan. An all-hazards approach is an integrated approach to emergency preparedness planning that focuses on capacities and capabilities that are critical to preparedness for a full spectrum of emergencies or disasters. This approach is specific to the location of the provider or supplier and considers the particular types of hazards most likely to occur in their areas. These may include, but are not limited to, care-related emergencies; equipment and power failures; interruptions in communications, including cyberattacks; loss of a portion or all of a E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 63862 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations facility; and, interruptions in the normal supply of essentials, such as water and food. Additional information on the emergency preparedness cycle can be found at the Federal Emergency Management Agency (FEMA) National Preparedness System Web site located at: https://www.fema.gov/threat-andhazard-identification-and-riskassessment. • Policies and procedures: We are requiring that facilities develop and implement policies and procedures that support the successful execution of the emergency plan and risks identified during the risk assessment process. • Communication plan: We are requiring facilities to develop and maintain an emergency preparedness communication plan that complies with both federal and state law. Patient care must be well-coordinated within the facility, across healthcare providers, and with state and local public health departments and emergency management agencies and systems to protect patient health and safety in the event of a disaster. The following link is to FEMA’s comprehensive preparedness guide to develop and maintain emergency operations plans: https://www.fema.gov/media-librarydata/20130726-1828-25045-0014/ cpg_101_comprehensive_preparedness _guide_developing_and_maintaining _emergency_operations_plans_2010.pdf. During an emergency, it is critical that hospitals, and all providers/suppliers, have a system to contact appropriate staff, patients’ treating physicians, and other necessary persons in a timely manner to ensure continuation of patient care functions throughout the facilities and to ensure that these functions are carried out in a safe and effective manner. • Training and testing: We are requiring that a facility develop and maintain an emergency preparedness training and testing program. A wellorganized, effective training program must include initial training for new and existing staff in emergency preparedness policies and procedures as well as annual refresher trainings. The facility must offer annual emergency preparedness training so that staff can demonstrate knowledge of emergency procedures. The facility must also conduct drills and exercises to test the emergency plan to identify gaps and areas for improvement. The Homeland Security Exercise and Evaluation Program (HSEEP), developed by FEMA, includes a section on the establishment of a Training and Exercise Planning Workshop (TEPW). The TEPW section provides guidance to organizations in conducting an annual TEPW and VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 developing a Multi-year Training and Exercise Plan (TEP) in line with the (HSEEP): http://www.fema.gov/medialibrary-data/20130726-1914-250458890/hseep_apr13_.pdf. Medicare and Medicaid participating hospitals and other providers and suppliers through the conditions of participation (CoPs) and conditions for coverage (CfCs) established by this rule. B. Current State of Emergency Preparedness As previously discussed, numerous natural and man-made disasters have challenged the United States over the past several years. Disasters can disrupt the environment of healthcare and change the demand for healthcare services; therefore, it is essential that healthcare facilities integrate emergency management into their daily functions and values. On December 27, 2013, we published a proposed rule titled, ‘‘Medicare and Medicaid Programs; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers’’ (78 FR 79082). In this proposed rule we included a robust discussion about the current state of emergency preparedness and federal emergency preparedness activities that have established a foundation for the development and expansion of healthcare emergency preparedness systems. In addition, the December 2013 proposed rule included an appendix of the numerous resources and documents used to develop the proposed rule. We refer readers to the proposed rule for this background information. The December 2013 proposed rule included discussion of previous events, such as the 2009 H1N1 influenza pandemic, the 2001 anthrax attacks, the tornados in 2011 and 2012, and Hurricane Sandy in 2012. In 2014, the United States faced a number of new and emerging diseases, such as MERSCoV and Ebola, and a nationwide outbreak of Enterovirus D68, which was confirmed in 938 people in 46 states between mid-August and October 21, 2014 (http://www.cdc.gov/non-polioenterovirus/outbreaks/EV-D68outbreaks.html). We believe that finalizing the emergency preparedness rule is an important part of improving the national response to Ebola and any infectious disease threats. Healthcare providers have raised concerns about their safety when caring for patients with Ebola, citing the need for advanced preparation, effective policies and procedures, communication plans, and sufficient training and testing, particularly for personal protection equipment (PPE). The response highlighted the importance of establishing written procedures, protocols, and policies ahead of an emergency event. With the finalization of the emergency preparedness rule, this type of planning will be mandated for C. Statutory and Regulatory Background Various sections of the Social Security Act (the Act) define the types of providers and suppliers that may participate in Medicare and Medicaid and list the requirements that each provider and supplier must meet to be eligible for Medicare and Medicaid participation. The Act also authorizes the Secretary to establish other requirements as necessary to protect the health and safety of patients, although the wording of such authority differs slightly between provider and supplier types. Such requirements may include the CoPs for providers, CfCs for suppliers, and requirements for longterm care facilities. The CoPs and CfCs are intended to protect public health and safety and promote high quality care for all persons. Furthermore, the Public Health Service (PHS) Act sets forth additional regulatory requirements that certain Medicare providers and suppliers are required to meet in order to participate. The following are the statutory and regulatory citations for the providers and suppliers for which we are issuing emergency preparedness regulations: • Religious Nonmedical Health Care Institutions (RNHCIs)—section 1821 of the Act and 42 CFR 403.700 through 403.756. • Ambulatory Surgical Centers (ASCs)—section 1832(a)(2)(F)(i) of the Act and 42 CFR 416.2 and 416.40 through 416.52. • Hospices—section 1861(dd)(1) of the Act and 42 CFR 418.52 through 418.116. • Inpatient Psychiatric Services for Individuals Under Age 21 in Psychiatric Residential Treatment Facilities (PRTFs)—sections1905(a) and 1905(h) of the Act and 42 CFR 441.150 through 441.182 and 42 CFR 483.350 through 483.376. • Programs of All-Inclusive Care for the Elderly (PACE)—sections 1894, 1905(a), and 1934 of the Act and 42 CFR 460.2 through 460.210. • Hospitals—section 1861(e)(9) of the Act and 42 CFR 482.1 through 482.66. • Transplant Centers—sections 1861(e)(9) and 1881(b)(1) of the Act and 42 CFR 482.68 through 482.104. • Long Term Care (LTC) Facilities— Skilled Nursing Facilities (SNFs)— under section 1819 of the Act, Nursing Facilities (NFs)—under section 1919 of the Act, and 42 CFR 483.1 through 483.180. PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations • Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID)—section 1905(d) of the Act and 42 CFR 483.400 through 483.480. • Home Health Agencies (HHAs)— sections 1861(o), 1891 of the Act and 42 CFR 484.1 through 484.55. • Comprehensive Outpatient Rehabilitation Facilities (CORFs)— section 1861(cc)(2) of the Act and 42 CFR 485.50 through 485.74. • Critical Access Hospitals (CAHs)— sections 1820 and 1861(mm) of the Act and 42 CFR 485.601 through 485.647. • Clinics, Rehabilitation Agencies, and Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services— section 1861(p) of the Act and 42 CFR 485.701 through 485.729. • Community Mental Health Centers (CMHCs)—section 1861(ff)(3)(B)(i)(ii) of the Act, section 1913(c)(1) of the PHS Act, and 42 CFR 410.110. • Organ Procurement Organizations (OPOs)—section 1138 of the Act and section 371 of the PHS Act and 42 CFR 486.301 through 486.348. • Rural Health Clinics (RHCs)— section 1861(aa) of the Act and 42 CFR 491.1 through 491.11; Federally Qualified Health Centers (FQHCs)— section 1861(aa) of the Act and 42 CFR 491.1 through 491.11, except 491.3. • End-Stage Renal Disease (ESRD) Facilities—sections 1881(b), 1881(c), 1881(f)(7) of the Act and 42 CFR 494.1 through 494.180. The proposed rule responded to concerns from the Congress, the healthcare community, and the public regarding the ability of healthcare facilities to plan and execute appropriate emergency response procedures for disasters. In the proposed rule, we identified four core elements that we believe are central to an effective emergency preparedness system and must be addressed to offer a more comprehensive framework of emergency preparedness requirements for the various Medicare- and Medicaidparticipating providers and suppliers. The four elements are—(1) risk assessment and emergency planning; (2) policies and procedures; (3) communication plan; and (4) training and testing. We proposed that these core components be used across provider and supplier types as diverse as hospitals, organ procurement organizations, and home health agencies, while attempting to tailor requirements for individual provider and supplier types to meet their specific needs and circumstances, as well as the needs of their patients, residents, clients, and participants. These VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 proposals are refined and adopted in this final rule. II. Provisions of the Proposed Rule and Responses to Public Comments In response to our December 2013 proposed rule, we received nearly 400 public comments. Commenters included individuals, healthcare professionals and corporations, national associations, health departments and emergency management professionals, and individual facilities that would be impacted by the regulation. Most comments centered around the hospital requirements, but could be applied to the additional provider and supplier types. We also received comments specific to the requirements we proposed for other individual provider and supplier types. In addition, we solicited comments on specific issues. We have organized our responses to the comments as follows: (1) General comments; (2) implementation date; (3) comments specific to hospitals and those that apply to the overall requirements of the regulation; and (4) comments specific to other providers and suppliers. A. General Comments We received the following comments suggesting improvement to our regulatory approach or requesting clarification of the resources used to develop our proposals: Comment: Most commenters supported our proposal to require Medicare and Medicaid participating facilities to establish an emergency preparedness plan. Many of these commenters noted that this proposal is timely and necessary in light of past emergencies and natural disasters. Response: We thank the commenters for their support. We continue to believe that our current regulations for Medicare and Medicaid providers and suppliers do not adequately address emergency preparedness planning and that emergency preparedness CoPs for providers and CfCs for suppliers should be implemented at this time. Comment: Several commenters disagreed with our proposal to establish emergency preparedness requirements for Medicare and Medicaid providers and suppliers. Some commenters were concerned that this proposal would place undue burden and financial strain on facilities. Most of these commenters stated that it would be difficult to implement additional regulations without additional payment through Medicare, Medicaid, or the Hospital Preparedness Program (HPP). The commenters also stated that facilities PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 63863 would need more time to comply with the proposed requirements. A few commenters disagreed with our statement that hospitals should have emergency preparedness plans and stated that hospitals are already prepared for emergencies. A commenter objected to the statement that hospital leadership has not prioritized disaster preparedness. A commenter recommended that the proposed emergency preparedness requirements be reduced and simplified to reflect the minimum requirements that each provider type is expected to meet. Other commenters objected to the entire proposal and the establishment of additional regulations for healthcare facilities. Response: We disagree with the commenters who stated that the emergency preparedness regulations are inappropriate or unnecessary. Healthcare facilities in the United States have faced many challenges over the years including hurricanes, tornados, floods, wild fires, and pandemics. Facilities that do not have plans established prior to an emergency or a disaster may face difficulties providing continuity of care for their patients. In addition, without proper training, healthcare workers may find it difficult to implement emergency preparedness plans during an emergency or a disaster. Upon review of the current emergency preparedness requirements for providers and suppliers participating in Medicare and Medicaid, we concluded that the current requirements are not comprehensive enough to address the complexities of actual emergencies. We believe that, currently, in the event of a disaster, healthcare facilities across the nation will not have the necessary emergency planning and preparation in place to adequately protect the health and safety of their patients. In addition, we believe that the current regulatory patchwork of federal, state, and local laws and guidelines, combined with various accrediting organizations’ emergency preparedness standards, falls far short of what is needed for healthcare facilities to be adequately prepared for a disaster. Therefore, we proposed to establish comprehensive, consistent, and flexible emergency preparedness regulations that incorporate lessons learned from the past with the proven best practices of the present. Finalizing these proposals, with the modifications discussed later in this final rule, will help healthcare facilities be better prepared in case of a disaster or emergency. We note that the majority of the comments to the proposed rule agree with the establishment of some type of regulatory E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 63864 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations framework for emergency preparedness planning, which further supports our position that establishing emergency preparedness regulations is the most appropriate course of action. In response to comments that request additional time for compliance or additional funds, we refer readers to the discussion on the implementation date and further discussions on funding in this final rule. Comment: Some commenters stated that the term ‘‘ensure’’ was used numerous times in the proposed rule and that the term was over-used. Commenters stated that in some circumstances we stated providers and suppliers had to ‘‘ensure’’ elements of the plan that might be beyond their control during an emergency. A commenter suggested that we replace the word ‘‘ensure’’ with the term ‘‘strive to achieve.’’ Response: We used the word ‘‘ensure’’ or ‘‘ensuring’’ to convey that each provider and supplier will be held accountable for complying with the requirements in this rule. However, to avoid any ambiguity, we have removed the term ‘‘ensure’’ and ‘‘ensuring’’ from the regulation text of all providers and suppliers and have addressed the requirements in a more direct manner. Comment: Some commenters were concerned that the proposed emergency preparedness requirements duplicate existing requirements by The Joint Commission (TJC). TJC is a CMSapproved accrediting organization that has standards and survey procedures that meet or exceed those used by CMS and state surveyors. Facilities accredited under a Medicare approved accreditation program, such as TJC’s, may be ‘‘deemed’’ by CMS to be in compliance with the CoPs. Most of these commenters recommended that CMS rely on existing TJC standards. Other commenters noted that CMS used TJC manual citations from 2007 through 2008. The commenters noted that changes have been made since then and recommended that CMS refer to the most recent TJC manual. Response: We discussed TJC standards in the proposed rule as a point of reference for emergency preparedness standards that currently exist for healthcare facilities, absent additional federal regulations. We note that CMS has the authority to create and modify CoPs, which establish the requirements a provider must meet to participate in the Medicare or Medicaid program. Also, we note that facilities that exceed CMS’s requirements will still remain compliant. Comment: A few commenters stated that the proposal did not take into VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 account the differences that exist between individual facilities. The commenters noted that the proposal does not acknowledge the diversity of different facilities and instead requires a ‘‘one size fits all’’ emergency preparedness plan. The commenters recommended that CMS address the variation between facilities in the emergency preparedness requirements. Some commenters stated that the proposed requirements are inappropriate because they mostly apply to hospitals, and cannot be applied to other healthcare settings. A commenter noted that smaller hospitals with limited capabilities, like LTCHs, should be allowed to work with their local emergency response networks to develop emergency preparedness plans that reflect those hospitals’ limitations. Response: We believe our approach, with the changes to our proposal discussed later in this final rule, appropriately addresses the differences between the 17 provider and supplier types covered by these regulations. We believe that emergency preparedness regulations that are too specific may become outdated over time, as technology and the nature of threats change, and that emergency preparedness regulations that are too broad may be ineffective. Therefore, we proposed four main components that are consistent with the principles as set forth in the National Preparedness Cycle contained within the National Preparedness System (link (see: https:// www.fema.gov/national-preparednesssystem) that can be used across diverse healthcare settings, while tailoring specific requirements for individual provider and supplier types based on their needs and circumstances, as well as the needs and circumstances of their patients, residents, clients, and participants. We continue to believe that these four components, and the variations in the specific requirements of these components, appropriately address variation amongst provider and supplier settings and facilities with an appropriate amount of flexibility. We do not believe that we have taken a ‘‘one size fits all’’ approach in these regulations. We agree with the commenter who stated that smaller hospitals should be allowed to work with their local health department and emergency management agency to develop emergency preparedness plans and we encourage these facilities to engage in healthcare coalitions in their area for assistance in meeting these requirements. However, we note that we are not mandating that smaller facilities confer with local emergency response networks while PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 developing their emergency preparedness plans. Comment: A few commenters stated that the proposed provisions were too specific and detailed. Some commenters believed that, like other CoPs, the proposal should include provisions that are more flexible. The commenters noted that more specificity should be included in CMS’ interpretive guidance documents (IGs). Response: We disagree with commenters. We believe that these regulations strike a balance between the specific and the general. We have not prescribed or mandated specific technology or tools, nor have we included detailed requirements for how emergency preparedness plans should be written. The regulations are broad enough that facilities can formulate an effective emergency preparedness plan, based on a facility-based and community-based risk assessment utilizing an all-hazards approach, that includes appropriate policies and procedures, a communication plan, and training and testing. In meeting the emergency preparedness requirements, providers can tailor specific details to their facilities’ and their patients’ needs. Facilities can also exceed the requirements in this final rule, if they believe it is in their patients’ and their facilities’ interests to do so. Comment: A few commenters suggested that CMS require facilities to include other entities, stakeholders, and individuals in their emergency preparedness planning. Specifically, a few commenters suggested that facilities include patients, their family members, and vulnerable populations, including older adults, people with disabilities, and those who are linguistically isolated, in their emergency preparedness planning. A few commenters also recommended that facilities include patients and their families in emergency preparedness education. A few commenters recommended that front line workers and their workers’ unions be included in the emergency preparedness planning. A commenter suggested that CMS emphasize the full continuum of emergency management activities and identify relevant national associations and resources for each provider type. A commenter noted that local emergency management officials are rarely included in emergency planning. The commenter recommended adding a requirement that would require facilities to submit their emergency preparedness plan to their local emergency management agency for review and assessment, and for assistance on sheltering and evacuation procedures. E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations Response: In the proposed rule, we proposed to require certain facilities to develop a method for sharing information from the emergency plan that the facility determines is appropriate with patients/residents and their families or representatives. A facility may choose to involve other entities in the development of an emergency preparedness plan or they can provide emergency preparedness education to patients’ families and caregivers. During the development of the emergency plan, facilities may also choose to include patients, community members and others in the process. However, we are not mandating these actions as we believe such a requirement would impose an excessive burden on providers and suppliers; instead, we encourage and will allow facilities the discretion to confer with entities and resources that they consider appropriate while creating an emergency preparedness plan and strongly encourage that facilities include individuals with disabilities and others with access and functional needs in their planning. Comment: A commenter recommended that emergency preparedness plans should account for children’s special needs during an emergency. The commenter stated that emergency preparedness plans should include children’s medication and medical device needs, challenges regarding patient transfer for neonatal and pediatric intensive care patients, and issues involving behavioral health and family reunification. A commenter recommended that CMS collaborate closely with the Emergency Medical Services for Children (EMSC) program administered by the Health Resources and Services Administration (HRSA). The commenter noted that this program focuses on improving the pediatric components of the EMS system. Response: We appreciate the commenter’s concerns. As required in § 482.15(a)(1), (2), and (3), when a provider or supplier develops an emergency preparedness plan, we will expect that the provider/supplier will use a facility-based and communitybased risk assessment to develop a plan that addresses that facility’s patient population, including at-risk populations. If the provider serves children, or if the majority of its patient population is children, as is the case for children’s hospitals, we will expect the provider to take into account children’s access and functional needs during an emergency or disaster in its emergency preparedness plan. VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 Comment: A few commenters questioned CMS’ definition of an emergency. A commenter disagreed with the proposed rule’s definition of ‘‘emergency’’ and ‘‘disaster.’’ The commenter stated that the proposed rule definitions exclude internal or smaller disasters that a hospital may declare. Furthermore, the commenter noted that the definitions should include mass casualty incidents and internal emergencies or disasters that a facility may declare. Another commenter requested clarification as to whether the regulation applies to external or internal emergencies. Response: In the proposed rule, we defined an ‘‘emergency’’ or ‘‘disaster’’ as an event affecting the overall target population or the community at large that precipitates the declaration of a state of emergency at a local, state, regional, or national level by an authorized public official such as a Governor, the Secretary of the Department of Health and Human Services (HHS), or the President of the United States. However, we agree with the commenter’s observation that the definition of an ‘‘emergency’’ or ‘‘disaster’’ should include internal emergency or disaster events. Therefore, we clarify our statement that an ‘‘emergency’’ or ‘‘disaster’’ is an event that can affect the facility internally as well as the overall target population or the community at large. We believe that hospitals should have a single emergency plan that addresses all-hazards, including internal emergencies and a man-made emergency (or both) or natural disaster. Hospitals have the discretion to determine when to activate their emergency plan and whether to apply their emergency plan to internal or smaller emergencies or disasters that may occur within their facilities. We encourage hospitals to prepare for allhazards that may affect their patient population and apply their emergency preparedness plans to any emergency or disaster that may arise. Furthermore, we encourage hospitals that may be dealing with an internal emergency or disaster to maintain communication with external emergency preparedness entities and other facilities where appropriate. Comment: A few commenters were concerned that the proposed rule did not require planning for recovery of operations. The commenters recommended that CMS include requirements for facilities to plan for the return of normal operations after an emergency. A commenter recommended that CMS include requirements for provider preparedness in case of an PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 63865 information technology (IT) system failure. Response: We understand the commenter’s concerns and believe that facilities should consider planning for recovery of operations during the emergency or disaster response. Recovery of operations will require that facilities coordinate efforts with the relevant health department and emergency management agencies to restore facilities to their previous state prior to the emergency or disaster event. Our new emergency preparedness requirements focus on continuity of operations, not recovery of operations. Facilities can choose to include recovery of operations planning in their emergency preparedness plan, but we have not made recovery of operations planning a requirement. We refer commenters that are interested in recovery of operations planning to the following resources for more information: • National Disaster Recovery Framework (NDRF): https:// www.fema.gov/national-disasterrecovery-framework. • Continuity Guidance Circular 1 (CGC 1), and Continuity Guidance for Non-Federal Entities (States, Territories, Tribal, and Local Government Jurisdictions and Private Sector Organizations) http://www.fema.gov/ pdf/about/org/ncp/cont_guidance1.pdf. • National Preparedness System (https://www.fema.gov/nationalpreparedness-system) • Comprehensive Preparedness Guide 101 http://www.fema.gov/media-librarydata/20130726-1828-25045-0014/ cpg_101_comprehensive_preparedness_ guide_developing_and_maintaining _emergency_operations_ plans_2010.pdf) Comment: A commenter requested clarification on whether hospitals would have direct access to the Emergency System for Advance Registration of Volunteer Health Professionals (ESAR–VHP). A commenter recommended that CMS work with other federal agencies, including the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) to expand ESAR–VHP and Medical Reserve Corps (MRC) team deployments to a 3 month rotation basis. The commenter also recommended that CMS purchase and pre-position Federal Reserve Inventories (FRI) at healthcare distributorships. Response: Hospitals do not have direct access to the Emergency System for Advance Registration of Volunteer Health Professional (ESAR–VHP). The Assistant Secretary for Preparedness E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 63866 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations and Response (ASPR) manages the ESAR–VHP program. The program is administered on the state level. A hospital would request volunteer health professionals through State Emergency Management. For more information, reviewers may email ASPR at esarvhp@hhs.gov or visit the ESAR/VHP Web site: http://www.phe.gov/esarvhp/ pages/home.aspx. Volunteer deployments typically last for 2 weeks and are not extended without the agreement of the volunteer. In regards to the comment on the Federal Reserve Inventories, we believe that the commenter may be referring to the Strategic National Stockpile (SNS). The SNS program is a national repository of antibiotics, chemical antidotes, antitoxins, life-support medications, and medical supplies. It is not within CMS’ purview to purchase, administer, or maintain SNS stock. We refer commenters who have questions about the SNS program to the Centers for Disease Control and Prevention (CDC) Web site at http:// emergency.cdc.gov/stockpile/index.asp. Comment: A commenter noted that CMS did not include emergency preparedness requirements for transport units (fire and rescue units, and ambulances). Furthermore, the commenter questioned whether a Certificate of Need (CON) is necessary during an emergency. Another commenter questioned why large single specialty and multispecialty medical groups are not discussed as included or excluded in this rule. The commenter noted that these entities have Medicare and Medicaid provider status; therefore, should be included in this rule. Another commenter questioned whether the proposed regulations would apply to residential drug and alcohol treatment centers. The commenter noted that if this is the case, it would be difficult for these centers to meet the proposed requirements due to lack of funding. Response: The emergency preparedness requirements only pertain to the 17 provider and supplier types discussed previously in this rule, which have existing CoPs or CfCs. These provider and supplier types do not include fire and rescue units, and ambulances, or single-specialty/multispecialty medical groups. Entities that work with hospitals or any of the other provider and supplier types covered by this regulation may have a role in the provider’s or supplier’s emergency preparedness plan, and providers or suppliers may choose to consider the role of these entities in their emergency preparedness plan. In addition, we note that CMS does not exercise regulatory VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 authority over drug and alcohol treatment centers. In response to the question about a Certificate of Need, we note that facilities must formulate an emergency preparedness plan that complies with state and local laws. A Certificate of Need is a document that is needed in some states and local jurisdiction before the creation, acquisition, or expansion of a facility is allowed. Facilities should check with their state and local authorities in regards to Certificate of Need requirements. Comment: A commenter requested clarification on a facility’s responsibility to patients that have already evacuated the facility on their own. Response: Facilities are required to track the location of staff and patients in the facility’s care during an emergency. The facility is not required to track the location of patients who have voluntarily left on their own, since they are no longer in the facility’s care. However, if a patient voluntarily leaves a facility’s care during an emergency or a disaster, the facility may choose to inform the appropriate health department and emergency management or emergency medical services authorities if it believes the patient may be in danger. Comment: A commenter questioned whether the requirements take into account the role of the physician during emergency preparedness planning. The commenter questioned whether physicians will be required to provide feedback during the planning process, whether physicians would have a role in preserving patient medical documentation, whether physicians would be involved in determining arrangements for patients during a cessation of operations, and to what extent physicians would be required to participate in training and testing. Response: Individual physicians are not required, but are encouraged, to develop and maintain emergency preparedness plans. However, physicians that work in a facility that is required to develop and maintain an emergency preparedness plan can and are encouraged to provide feedback or suggestions for best practices. In addition, physicians that are employed by the facility and all new and existing staff must participate in emergency preparedness training and testing. We have not mandated a specific role for physicians during an emergency or disaster event, but we expect facilities to delineate responsibilities for all of their facility’s workers in their emergency preparedness plans and to determine the appropriate level of training for each professional role. PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 Comment: A commenter objected to use of the term ‘‘volunteers’’ in the proposed rule. The commenter stated that this term was not defined and recommended that the proposal be limited to healthcare professionals used to address surge needs during an emergency. Another commenter recommended that the regulation text should be revised to include the language, ‘‘Use of health care volunteers’’, to further clarify this distinction. Response: We provided information on the use of volunteers in the proposed rule (78 FR 79097), specifically with reference to the Medical Reserve Corps and the ESAR–VHP programs. Private citizens or medical professionals not employed by a hospital or facility often offer their voluntary services to hospitals or other entities during an emergency or disaster event. Therefore, we believe that facilities should have policies and procedures in place to address the use of volunteers in an emergency, among other emergency staffing strategies. We believe such policies should address, among other things, the process and role for integration of healthcare professionals that are locally-designated, such as the Medical Reserve Corps (https:// www.medicalreservecorps.gov/Home Page), or state-designated, such as Emergency System for Advance Registration of Volunteer Health Professional (ESAR–VHP), (http:// www.phe.gov/esarvhp/pages/ home.aspx) that have assisted in addressing surge needs during prior emergencies. As with previous emergencies, facilities may choose to utilize assistance from the MRC or through the state ESAR–VHP program. We believe the description of healthcare volunteers is already included in the current requirement and does not need to be further defined. Comment: A commenter questioned if the proposal will require facilities to plan for an electromagnetic event. The commenter noted that protecting against and treating patients after an electromagnetic event is costly. Another commenter recommended that the rule explicitly include and address the threats of fire, wildfires, tornados, and flooding. The commenter notes that these scenarios are not included in the National Planning Scenarios (NPS). Response: We expect facilities to develop an emergency preparedness plan that is based on a facility-based and community-based risk assessment using an ‘‘all-hazards’’ approach. If a provider or supplier determines that its facility or community is at risk for an E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations electromagnetic event or natural disasters, such as fires, wildfires, tornados, and flooding, the provider or supplier can choose to incorporate planning for such an event into its emergency preparedness plan. We note that compliance with these requirements, including a determination of whether the provider or supplier based its emergency preparedness plan on facility-based and community-based risk assessments using an all-hazards approach, will be assessed through onsite surveys by CMS, State Survey Agencies, or Accreditation Organizations with CMS-approved accreditation programs. Comment: A few commenters had recommendations for the structure and organization of the proposed rule. A commenter recommended that CMS specify the 17 providers and supplier types to which the rule would apply in the first part of the rule, so that facilities could verify whether or not the regulations would apply to them. A few commenters suggested that the requirements of the proposed rule should not be included in the CoPs, but instead comprise a separate regulatory chapter specific to emergency preparedness. Response: We included a list of the provider and supplier types affected by the emergency preparedness requirements in the proposed rule’s Table of Contents (78 FR 79083 through 79084) and in the preamble text 78 FR 79090. Thus, we believe that we clearly listed the affected providers and suppliers at the very beginning of the proposed rule. We also believe the emergency preparedness requirements should be included in the CoPs for providers, the CfCs for suppliers, and requirements for LTC facilities. These CoPs, CfCs, and requirements for LTC facilities are intended to protect public health and safety and ensure that high quality care is provided to all persons. Facilities must meet their respective CoPs, CfCs, or requirements in order to participate in the Medicare and Medicaid programs. We are able to enforce and monitor compliance with the CoPs, CfCs, and requirements for LTC facilities through the survey process. Therefore, we believe that the emergency preparedness requirements are included in the most appropriate regulatory chapters. Comment: A few commenters suggested additional citations for the proposed rule, recommended that we include specific reference material, and suggested edits to the preamble language. A commenter stated that we omitted some references in the preamble discussion of the proposed rule. The VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 commenter noted that while we included references to HSPD 5, 21, and 8 in the proposed rule, the commenter recommended that all of the HSPDs should have been included. Furthermore, the commenter noted that HSPD 7 in particular, which does not provide a specific role for HHS, should have been referenced since it includes discussion of critical infrastructure protection and the role it plays in allhazards mitigation. A commenter suggested that we add the following text to section II.B.1.a. of the proposed rule (78 FR 79085): ‘‘HSPD–21 tasked the establishment of the National Center for Disaster Medicine and Public Health (http:// ncdmph.usuhs.edu) as an academic center of excellence at the Uniformed Services University of the Health Sciences to lead federal efforts in developing and propagating core curricula, training, and research in disaster health.’’ A commenter recommended that we include the Joint Guidelines for Care of Children in the Emergency Department, developed by the American Academy of Pediatrics, the American College of Emergency Physicians, and the Emergency Nurses Association, as a resource for the final rule. A commenter suggested the addition of the phrase ‘‘private critical infrastructure’’ to the following statement on page 79086 of the proposed rule: ‘‘The Stafford Act authorizes the President to provide financial and other assistance to state and local governments, certain private nonprofit organizations, and individuals to support response, recovery, and mitigation efforts.’’ A commenter included several articles and referenced documentation on emergency preparedness and proper management and disposal of medical waste materials, while another recommended that CMS reference specific FEMA reference documents. Another commenter referred CMS to the Comprehensive Preparedness Guidelines 101 Template, although the commenter did not specify the source of this template. Response: We thank the commenters for their recommended edits throughout the document. The editorial suggestions are appreciated and noted. We also want to thank commenters for their recommendations for additional resources on emergency preparedness. We provided an extensive list of resources in the proposed and have included links to various resources in this final rule that facilities can use as resources during the development of their emergency preparedness plans. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 63867 However, we note that these lists are not comprehensive, since we intend to allow facilities flexibility as they implement the emergency preparedness requirements. We encourage facilities to use any resources that they find helpful as they implement the emergency preparedness requirements. Omissions from the list of resources set out in the proposed rule do not indicate any intention on our part to exclude other resources from use by facilities. Comment: A commenter stated that the local emergency management and public health authorities are the bestplaced entities to coordinate their communities’ disaster preparedness and response, collaborating with hospitals as instrumental partners in this effort. Response: We stated in the proposed rule that local emergency management and public health authorities play a very important role in coordinating their community’s disaster preparedness and response activities. We proposed that each hospital develop an emergency plan that includes a process for ensuring cooperation and collaboration with local, tribal, regional, state and federal emergency preparedness officials’ efforts to ensure an integrated response during a disaster or emergency situation. We also proposed that hospitals participate in community mock disaster drills. As noted in the proposed rule, we believe that community-wide coordination during a disaster is vital to a community’s ability to maintain continuity of healthcare for the patient population during and after a disaster or emergency. Comment: A few commenters were concerned about the exclusion of specific requirements to account for the health and safety of healthcare workers. A commenter, in reference to pediatric healthcare, recommended that we consider adding a behavioral healthcare provision to the emergency preparedness requirements, which would account for the professional selfcare needs of healthcare providers. Another commenter suggested that we change the language on page 79092 of the proposed rule to include 5 phases of emergency management, with the addition of the phrase ‘‘protection of the safety and security of occupants in the facility.’’ Another commenter recommended that we include occupational health and safety elements in the four proposed emergency preparedness standards. Furthermore, the commenter recommended that we consult with the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), and the Worker Education and Training Program E:\FR\FM\16SER2.SGM 16SER2 63868 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES2 of the National Institute for Environmental Health Sciences (NIEHS) for more information on integrating worker health and safety protections into emergency planning. Response: While we believe that providers should prioritize the health and safety of their healthcare workers during an emergency, we do not believe that it is appropriate to include detailed requirements within this regulation. As we have previously stated, the regulation is not intended to be overly prescriptive. Therefore, providers have the discretion to establish policies and procedures in their emergency preparedness plans that meet the minimum requirements in this regulation and that are tailored to the specific needs and circumstances of the facility. We note that providers should continue to comply with pertinent federal, state, or local laws regarding the protection of healthcare workers in the workplace. While it is not within the scope of this rule to address OSHA, NIOSH, or NIEHS work place regulations, we encourage providers and suppliers to consider developing policies and procedures to protect healthcare workers during an emergency. We refer readers to the following list of resources to aid providers and suppliers in the formulation of such policies and procedures: • https://www.osha.gov/SLTC/ emergencypreparedness/ • http://www.cdc.gov/niosh/topics/ emergency.html • http://www.niehs.nih.gov/health/ topics/population/occupational/ index.cfm Comment: A few commenters noted that while section 1135 of the Act waives certain Conditions of Participation (CoPs) during a public health emergency, there is no authority to waive the Conditions for Payment (CfPs). The commenters recommended that the Secretary thoroughly review the requirements under the CoPs and the CfPs and seek authority from Congress to waive additional requirements under the CfPs that are burdensome and that affect timely access to care during emergencies. Response: While we appreciate the concerns of the commenters, these comments are outside the scope of this rule. 1. Integrated Health Systems In the proposed rule, we proposed that for each separately certified healthcare facility to have an emergency preparedness program that includes an emergency plan, based on a risk VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 assessment that utilizes an all hazards approach, policies and procedures, a communication plan, and a training program. Comment: We received a few comments that suggested we allow integrated health systems to have one coordinated emergency preparedness program for the entire system. Commenters explained that an integrated health system could be comprised of two nearby hospitals, a LTC facility, a HHA, and a hospice. The commenters stated that under our proposed regulation, each entity would need to develop an individual emergency preparedness program in order to be in compliance. Commenters proposed that we allow for the development of one universal emergency preparedness program that encompasses one community-based risk assessment, separate facility-based risk assessments, integrated policies and procedures that meet the requirements for each facility, and coordinated communication plans, training and testing. They noted that allowing for a coordinated emergency preparedness program would ultimately reduce the burden placed on the individual facilities and provide for a more coordinated response during an emergency. Response: We appreciate the comments received on this issue. We agree that allowing integrated health systems to have a coordinated emergency preparedness program is in the best interest of the facilities and patients that comprise a health system. Therefore, we are revising the proposed requirements by adding a separate standard to the provisions applicable to each provider and supplier type. This separate standard will allow any separately certified healthcare facility that operates within a healthcare system to elect to be a part of the healthcare system’s unified emergency preparedness program. If a healthcare system elects to have a unified emergency preparedness program, this integrated program must demonstrate that each separately certified facility within the system actively participated in the development of the program. In addition, each separately certified facility must be capable of demonstrating that they can effectively implement the emergency preparedness program and demonstrate compliance with its requirements at the facility level. As always, each facility will be surveyed individually and will need to demonstrate compliance. Therefore, the unified program will also need to be developed and maintained in a manner PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 that takes into account the unique circumstances, patient populations, and services offered for each facility within the system. For example, for a unified plan covering both a hospital and a LTC facility, the emergency plan must account for the residents in the LTC facility as well as those patients within a hospital, while taking into consideration the difference in services that are provided at a LTC facility and a hospital. In addition, the healthcare system will need to take into account the resources each facility within the system has and any state laws that the facility must adhere to. The unified emergency preparedness program must also include a documented community– based risk assessment and an individual facility-based risk assessment for each separately certified facility within the health system, both utilizing an allhazards approach. The unified program must also include integrated policies and procedures that meet the emergency preparedness requirements specific to each provider type as set forth in their individual set of regulations. Lastly, the unified program must have a coordinated communication plan and training and testing program. We believe that this approach will allow a healthcare system to spread the cost associated with training and offer a financial advantage to each of the facilities within a system. In addition, we believe that, in some cases this approach will provide flexibility and could potentially result in a more coordinated response during an emergency that will enable a more successful outcome. 2. Requests for Technical Assistance and Funding The December 2013 proposed rule included an appendix of the numerous resources and documents used to develop the proposed rule. Specifically, the appendix to the proposed rule included helpful reports, toolkits, and samples from multiple government agencies such as ASPR, the CDC, FEMA, HRSA, AHRQ, and the Institute of Medicine (See Appendix A, 78 FR 79198). In response to our proposed rule, we received numerous comments requesting that we provide facilities with increased funding and technical assistance to implement our proposed regulations. Comment: A few commenters appreciated the resources that we provided in the proposed rule, but expressed concerns that, despite the resources referenced in the regulation, busy and resource-constrained facilities will not have a simple and organized way to access technical assistance and E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations other valuable information in order to comply with the proposed requirements. Commenters indicated that despite the success of healthcare coalitions, they have not been established in every region. Commenters suggested that formal technical assistance should be available to facilities to help them successfully implement their emergency preparedness requirements. A commenter recommended that ASPR should lead this effort given its expertise in emergency preparedness planning and its charge to lead the nation in preventing, preparing for, and responding to the adverse health effects of public health emergencies. Another commenter suggested that we consider hosting regional meetings for facilities to share information and resources and that we provide region specific resources on our Web site. Commenters encouraged CMS to promote collaborative planning among facilities and provide the support needed for facilities to leverage each other’s resources. These commenters believe that networks of facilities will be in a better position than governmental resources to identify cost and time saving efficiencies, but need support from CMS to coordinate their efforts. Response: We appreciate the feedback from commenters and understand how valuable guidance and resources will be to providers and suppliers in order to comply with this regulation. We do not anticipate providing formal technical assistance, such as CMS-led trainings, to providers and suppliers. Instead, as with all of our regulations, we will release interpretive guidance for this regulation that will aid facilities in implementing these regulations and provide information regarding best practices. We strongly encourage facilities to review the interpretative guidance from us, use the guidance to identify best practices, and then network with other facilities to develop strategic plans. Providers and suppliers impacted by this regulation should collaborate and leverage resources in developing emergency preparedness programs to identify cost and time saving efficiencies. We note that in this final rule we have revised the proposed requirements to allow integrated health systems to elect to have one unified emergency preparedness program (see Section II.A.1.Intergrated Health Systems for a detailed discussion of the requirement). We believe that collaborative planning will not only leverage the financial burden on facilities, but also result in a more coordinated response to an emergency event. VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 In addition, we note that in the proposed rule, we indicated numerous resources related to emergency preparedness, including helpful reports, toolkits, and samples from ASPR, the CDC, FEMA, HRSA, AHRQ, and the Institute of Medicine (See Appendix A, 78 FR 79198). Providers and suppliers should use these many resources as templates and the framework for getting their emergency preparedness programs started. We also refer readers to SAMHSA’s Disaster Technical Assistance Center (DTAC) for more information on delivering an effective mental health and substance abuse (behavioral health) response to disasters at http://www.samhsa.gov/dtac/. Finally we note that ASPR, as a leader in healthcare system preparedness, developed and launched the Technical Resources, Assistance Center, and Information Exchange (TRACIE). TRACIE is designed to provide resources and technical assistance to healthcare system preparedness stakeholders in building a resilient healthcare system. There are numerous products and resources located within the TRACIE Web site that target specific provider types affected by this rule. While TRACIE does not focus specifically on the requirements implemented in this regulation, this is a valuable resource to aid a wide spectrum of partners with their health system emergency preparedness activities. We strongly encourage providers and suppliers to utilize TRACIE and leverage the information provided by ASPR. Comment: Some commenters noted that their region is currently experiencing a reduction in the federal funding they receive through the HPP. These commenters stated that the HPP program has proven to be successful and encouraged healthcare entities impacted by this regulation to engage their state HPP for technical assistance and training while developing their emergency preparedness programs. Commenters shared that HPP staff have established trusting and fundamental relationships with facilities, associations, and emergency managers throughout their state. Commenters expressed that while the program has been instrumental in supporting their state’s healthcare emergency response, it does not make sense to impose these new emergency preparedness regulations while financial resources through the HPP are diminishing. Commenters stressed that the HPP program alone cannot support the rollout of these new regulations and emphasized that a strong and wellfunded HHP program is needed to PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 63869 contribute to the successful implementation of these new requirements. Commenters also suggested that CMS offer training to the states’ HPP programs, so that these agencies can remain in a central leadership role within their states. Response: We appreciate the feedback and agree that the HPP program has been a fundamental resource for developing healthcare emergency preparedness programs. While we recognize that HPP funding is limited, we want to emphasize that the HPP program is not intended to solely fund a facility’s individual emergency preparedness program and activities. Despite the limited financial resources, healthcare facilities should continue to engage their healthcare coalitions and state HPP coordinators for training and guidance. We encourage healthcare facilities, particularly those in neighboring geographic areas, to collaborate and build relationships that will allow facilities to share and leverage resources. Comment: A few commenters noted that, while these new emergency preparedness regulations should be put in place to protect vulnerable communities, there should also be incentives to help facilities meet these new standards. Many commenters expressed concerns about the decrease in funding available to state and local governments. Most commenters recommended that grant funding and loan programs be provided to support hiring staff to develop or modify emergency plans. However, a few commenters suggested that federal funding should be allocated to the nation’s most vulnerable counties. These commenters believe that special federal funding consideration should not be provided to all, but rather should be given to those counties and cities with a uniquely dense population. A commenter believed that incentives should be put in place to reward those facilities that are found compliant with the new standards. In addition, several commenters requested that CMS provide additional Medicare payment to providers and suppliers for implementing these emergency preparedness requirements. Response: We currently expect facilities to have and develop policies and procedures for patient care and the overall operations. The emergency preparedness requirement may increase costs in the short term because resources will have to be devoted to the assessment and development of an emergency plan utilizing an all-hazards approach. While the requirements could result in some immediate costs to a E:\FR\FM\16SER2.SGM 16SER2 63870 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations provider or supplier, we believe that developing an emergency preparedness program will overall be beneficial to any provider or supplier. In addition, planning for the protection and care of patients, clients, residents, and staff during an emergency or a disaster is a good business practice. As we have previously noted, CMS has the authority to create and modify health and safety CoPs, which establish the requirements that a provider must meet in order to participate in the Medicare or Medicaid programs. mstockstill on DSK3G9T082PROD with RULES2 3. Requirement To Track Patients and Staff In the proposed rule, we requested comments on the feasibility of tracking staff and patients in outpatient facilities. Comment: Overall commenters agreed that there is not a crucial need for outpatient facilities to track their patients as compared to inpatient facilities. Commenters noted that outpatient providers and suppliers would most likely close their facilities prior to or immediately after an emergency, sending staff and patients home. We did not propose the tracking requirement for transplant centers, CORFs, Clinics, Rehabilitation Agencies, and Public Health Agencies as Providers of Outpatient Physical Therapy and Speech-Language Pathology Services, and RHCs/FQHCs. For OPOs we proposed that they would only need to track staff. We stated that transplant centers’ patients and OPOs’ potential donors would be in hospitals, and thus, would be the hospital’s responsibility. Response: We agree with the majority of commenters and continue to believe that it is impractical for outpatient providers and suppliers to track patients and staff during and after an emergency. In the event of an emergency outpatient providers and suppliers will have the flexibility to cancel appointments and close their facilities. Therefore, we are finalizing the rule as proposed. Specifically, we do not require transplant centers, RHCs/FQHCs, CORFs, Clinics, Rehabilitation Agencies, and Public Health Agencies as providers of Outpatient Physical Therapy and Speech-Language Pathology Services to track their patients and staffs. We are also finalizing our proposal for OPOs to track staff only both during and after an emergency. A detailed discussion of comments specific to OPOs tracking staff can be found in section II.Q. of this final rule (Emergency Preparedness Regulations for Organ Procurement Organizations). VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 Comment: In addition to the feedback we received on whether we should require outpatient providers and suppliers to track their patients and staff, we also received varying comments in regards to the providers and suppliers that we did propose to meet the tracking requirement.Commenters supported the proposal for certain providers and suppliers to track staff and patients, and agreed that a system is needed. Some understood that the information about staff and patient location would be needed during an emergency, but stated that it would be burdensome and often unrealistic to expect providers and suppliers to locate individuals after an emergency event. Some commenters noted that patients at a receiving facility would be the responsibility of the receiving facility. Some commenters stated that tracking of patients going home is not their responsibility, or would be difficult to achieve. A commenter believed that tracking of staff would be a violation of staff’s privacy. A commenter stated that in their large facility, only the ‘‘staff on duty’’ at the time of the emergency would be in their staffing system. Some commenters stated that staff would be difficult to track because some facilities have hundreds or thousands of employees, and some staff may have left to be with their families. Some commenters suggested that CMS promote the use of voluntary registries to help track their outpatient populations and encouraged coordination of these registries among facility types. A few commenters stated that one of the tools discussed in the preamble for tracking patients; namely, The Joint Patient Assessment and Tracking System (JPATS) was only available for hospitals and did not include other providers such as LTC facilities, and several stated the system is incompatible with their IT systems. Response: For RNHCIs, PRTFs, PACE organizations, LTC facilities, ICFs/IID, hospitals, and CAHs, we proposed that these providers develop policies and procedures regarding a system to track the location of staff and patients in the hospital’s care both during and after an emergency. Despite providing services on an outpatient basis, we also proposed to require hospices, HHAs, and ESRD facilities to assume this responsibility because these providers and suppliers would be required to provide continuing patient care during an emergency. We also proposed the tracking requirement for ASCs because we believed an ASC would maintain PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 responsibility for their staff and patients if patients were in the facility. After carefully analyzing the issues raised by commenters regarding the process to track staff and patients during and after an emergency, we agree with the commenters that our proposed requirements could be unnecessarily burdensome. We are revising the tracking requirements based on the type of facility. For CAHs, Hospitals, and RNHCIs we are removing the proposed requirement for tracking after an emergency. Instead, in this final rule we require that these facilities must document the specific name and location of the receiving facility or other location for patients who leave the facility during the emergency. We would expect facilities to track their onduty staff and sheltered patients during an emergency and indicate where a patient is relocated to during an emergency (that is, to another facility, home, or alternate means of shelter, etc.). Also, since providers and suppliers are required to conduct a risk assessment and develop strategies for addressing emergency events identified by the risk assessment, we would expect the facility to include in its emergency plan a method for contacting off-duty staff during an emergency and procedures to address other contingencies in the event staff are not able to report to duty which may include but are not limited to staff from other facilities and state or federallydesignated health professionals. For PRTFs, LTC facilities, ICF/IIDs, PACE organizations, CMHCs, and ESRD facilities we are finalizing as proposed the requirement to track staff and patients both during and after an emergency. We have clarified that the requirement applies to tracking on-duty staff and sheltered patients. Furthermore, we clarify that if on-duty staff and sheltered patients are relocated during the emergency, the provider or supplier must document the specific name and location of the receiving facility or other location. Unlike inpatient facilities, PRTFs, ICF/IIDs, and LTC facilities are residential facilities and serve as the patient’s home, which is why in these settings we refer to the patients as ‘‘residents.’’ Similar to these residential facilities ESRD facilities, CMHCs, and PACE organizations, provide a continuum of care for their patients. Residents and patients of these facilities would anticipate returning to these facilities after an emergency. For this reason, we believe that it is imperative for these facilities to know where their residents/patients and staff are located during and after the E:\FR\FM\16SER2.SGM 16SER2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES2 emergency to allow for repatriation and the continuation of regularly scheduled appointments. While we pointed out JPATS as a tool for providers and suppliers, we note that we indicated that we were not proposing a specific type of tracking system that providers and suppliers must use. We also indicated that in the proposed rule that a number of states have tracking systems in place or under development and the systems are available for use by healthcare providers and suppliers. We encourage providers and suppliers to leverage the support and resources available to them through local and national healthcare systems, healthcare coalitions, and healthcare organizations for resources and tools for tracking patients. We have also reviewed our proposal to require ASCs, hospices, and HHAs to track their staff and patients before and after an emergency. We discuss in detail the comments we received specific to these providers and suppliers and revisions to their proposed tracking requirement in their specific section later in this final rule. B. Implementation Date We proposed several variations on an implementation date for the emergency preparedness requirements (78 FR 79179). Regarding the implementation date, we requested information on the following issues: • A targeted approach to emergency preparedness that would apply the rule to one provider or supplier type or a subset of provider types, to learn from implementation prior to requiring compliance for all 17 types of providers and suppliers. • A phased-in approach that would implement the requirements over a longer time horizon, or differential time horizons for the different provider and supplier types. Comment: Most commenters recommended that CMS set a later implementation date for the emergency preparedness requirements. Some commenters recommended that we use a targeted approach, whereby the rule would be implemented first by one provider/supplier type or a subset of provider/supplier types, with later implementation by other provider/ supplier types, so they can learn from prior implementation at other facilities. Others recommended that CMS phase in the requirements over a longer time horizon. Many commenters recommended that CMS require implementation at hospitals or LTC facilities first, so that other facilities could benefit from the experience and lessons learned by these VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 providers. Some of these commenters stated that these providers have the most capacity to implement these requirements. A commenter recommended that hospitals implement the requirements of the rule first, followed by CAHs and other inpatient provider types and LTC facilities. Other provider and supplier types would follow thereafter. The commenter recommended that CMS establish a period of non-enforcement for each implementation phase, while a Phase 1 evaluation is conducted and feedback is given to other facilities. Several commenters, including major hospital associations, disagreed with CMS’ proposal to implement all of the requirements 1 year after the final rule is published. The commenters noted that implementation of all the requirements after 1 year would be burdensome and costly to many facilities. In addition, a few commenters noted that certain facilities, mainly rural and small facilities, may be at a disadvantage because they have not participated in national emergency preparedness planning efforts or because they lack the necessary resources to implement emergency preparedness plans. A few commenters drew a distinction between accredited and non-accredited facilities and recommended that hospitals implement the requirements within a year or 2 after publication of the final rule. Some of the commenters noted that non-accredited facilities, CAHs, HHAs, and hospices, would need more time. Several of these commenters also stated that hospitals that need more time for implementation should be able to propose to CMS a reasonable period of time to comply. A few commenters stated that the emergency preparedness proposal is unlike the standards utilized by the TJC and that enforcement of these requirements should be at a later date for both accredited and non-accredited facilities. Some commenters recommended that CMS give ASCs and FQHCs additional time to come into compliance. A commenter recommended that CMS set a later implementation date for the requirements and provide a flexible implementation timeframe based on provider type and resources. A few commenters stated that the implementation timeline is too short for rehabilitation facilities, long-term acute care facilities, LTC facilities, behavioral health inpatient facilities, and ICF/IIDs. A few commenters recommended that CMS phase-in implementation on a standard-by-standard basis. A commenter recommended that LTC facilities implement the requirements 12 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 63871 to 18 months after hospitals. Furthermore, the commenter recommended an 18 to 24 month phasein of emergency systems and a 24 to 38 month phase-in for the training and testing requirements. Another commenter recommended that facilities be allowed to comply with the initial planning requirements within 2 years, and then be allowed to comply with the subsistence and infrastructure requirements in years 3 and 4. The commenters varied in their recommendations on the timeframe CMS should use for the implementation date. These recommendations ranged from 6 months to 5 years, with a few commenters recommending even longer periods. Some commenters noted that applying a targeted approach, covering one or a subset of provider classes to learn from implementation prior to extending the rule to all groups, would also allow a longer period of time for other provider/supplier types to prepare for implementation. Furthermore, a commenter noted that a phased in approach would help to alleviate the cost burden on facilities that would need to create an emergency plan and train and test staff. Response: We appreciate the commenters’ feedback. We considered a phased-in approach in a number of ways. We looked at phasing in the implementation of various providers and suppliers; and phasing in the various standards of the regulation. We concluded that this approach would be too difficult to implement, enforce, and evaluate. Also, this would not allow communities to have a comprehensive approach to emergency preparedness. However, we agree that there should be a later implementation date for the emergency preparedness requirements. However, we do not believe that a targeted or phased-in approach to implementation is appropriate. One thing we proposed and are now finalizing to address this concern is extending the implementation timeframe for the requirements to 1 year after the effective date of this final rule (see section section II, Provisions of the Proposed Rule and Responses to Public Comments, part B, Implementation Date). We believe it is imperative that each provider thinks in terms broader than their own facility, and plan for how they would serve similar and other healthcare facilities as well as the whole community during and surrounding an emergency event. To encourage providers to develop a comprehensive and coordinated approach to emergency preparedness, all providers need to adopt the requirements in this final rule at the same time. E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 63872 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations Commenters have stated that hospitals that are TJC-accredited are part of the Hospital Preparedness Program (HPP) program, and those hospitals that follow National Fire Protection Association (NFPA®) standards, have already established most of the emergency preparedness requirements set out in this rule. Based on CDC’s National Health Statistics Reports; Number 37, March 24, 2011, page 2 (NCHS–2008PanFluand EP_NHAMCSSurveyReport_2011.pdf), about 67.9 percent of hospitals had plans for all six hazards (epidemicpandemic, biological, chemical, nuclearradiological, explosive-incendiary, and natural incidents). Nearly all hospitals (99.0 percent) had emergency response plans that specifically addressed chemical accidents or attacks, which were not significantly different from the prevalence of plans for natural disasters (97.8 percent), epidemics or pandemics (94.1 percent), and biological accidents or attacks. However, we also believe that other facilities will be ready to begin implementation of these rules at the same time as hospitals. We believe that most facilities already have some basic emergency preparedness requirements that can be built upon to meet the requirements set out in this final rule. We note that we have modified or eliminated some of our proposed requirements for certain providers and suppliers, as discussed later in this final rule, which should ease concerns about implementation. Therefore, we believe that all affected providers and suppliers will be able to comply with these requirements 1 year after the final rule is published. We do not believe a period of nonenforcement is appropriate as it will further prolong the implementation of necessary and life-saving emergency preparedness planning requirements by facilities. A later implementation date will leave the most vulnerable patient populations and unprepared facilities without a valuable, life-saving emergency preparedness plan should an emergency arise. We have not received comments that persuaded us that a later implementation date for these requirements of more than 1 year is beneficial or appropriate for providers and suppliers or their patients. In response to commenters that opposed our proposal to implement the requirements 1 year after the final rule was published and recommended that we afford facilities more time to implement the requirements, we do not believe that the requirements will be overly burdensome or overly costly to providers and suppliers. We note, as we have heard from many commenters, that VerDate Sep2014 19:01 Sep 15, 2016 Jkt 238001 many facilities already have established emergency preparedness plans, as required by accrediting organizations. However, we acknowledge that there may be a significant amount of work that small facilities and those with limited resources will need to undertake to establish an emergency preparedness plan that conforms to the requirements set out in this regulation. However, we believe that prolonging the requirements in this final rule by 1 year will provide sufficient time for implementation among the various facilities to meet the emergency preparedness requirements. We encourage facilities to engage and collaborate with their local partners and healthcare coalitions in their area for assistance. Facilities may also access ASPR’s TRACIE web portal, which is a healthcare emergency preparedness information gateway that helps stakeholders at the federal, state, local, tribal, non-profit, and for-profit levels have access to information and resources to improve preparedness, response, recovery, and mitigation efforts. ASPR TRACIE, located at: https://asprtracie.hhs.gov/, is an excellent resource for the various CMS providers and suppliers as they seek to implement the enhanced emergency preparedness requirements. We encourage facilities to engage and collaborate with their local partners and healthcare coalitions in their area for technical assistance as they include local experts and can provide regional information that can inform the requirements as set forth. Comment: Some commenters recommended that CMS implement all of the emergency preparedness requirements 1 year after the final rule is published. Other commenters recommended that CMS implement the requirements as soon as the final rule is published or set an implementation date that is less than 1 year from the effective date of this final rule. A few of these commenters, including a major beneficiary advocacy group, stated that implementation should begin as soon as practicable, or immediately after the final rule is published and cautioned against a later implementation date that may leave facilities without important emergency preparedness plans during an emergency. Some of these commenters stated that hospitals in particular already have emergency preparedness plans in place and are well equipped and prepared to implement the requirements set out in these regulations over the course of a year. Some commenters noted that most hospitals are fully aware of the 4 emergency preparedness requirements set out in the proposed rule through PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 current accreditation standards. Furthermore, the commenters noted that these four requirements would not impose any additional burdens on hospitals. A few commenters acknowledged that some hospitals are not under the purview of an accrediting agency and therefore may need up to 1 year to implement the requirements. Response: We appreciate the commenters’ feedback. We agree with the commenters’ view that implementation of the requirements should occur 1 year after the final rule is published for all 17 types of providers and suppliers. We believe that an implementation date for these requirements that is 1 year after the effective date of this final rule will allow all facilities to develop an emergency preparedness plan that meets all of the requirements set out within these regulations. While we understand why some commenters would want these requirements to be implemented shortly after publication of the final rule, we also understand some commenters’ concerns about that timeframe. We believe that facilities will need a period of time after the final rule is published to plan, develop, and implement the emergency preparedness requirements in the final rule. Accordingly, we believe that 1 year is a sufficient amount of time for facilities to meet these requirements. Comment: A few commenters recommended that CMS include a provision that would allow facilities to apply for additional time extensions or waivers for implementation. A commenter recommended that CMS allow facilities to rely on their existing policies if the facility can demonstrate that the existing policies align with the emergency preparedness plan requirements and achieve a similar outcome. Response: We do not agree with including a provision that will allow for facilities to apply for extensions or waivers to the emergency preparedness requirements. We believe that an implementation date that is beyond 1 year after the effective date of this final rule for these requirements is inappropriate and leaves the most vulnerable facilities and patient populations without life-saving emergency preparedness plans. However, we do understand that some facilities, especially smaller and more rural facilities, may experience difficulties developing their emergency preparedness plans. Therefore, we believe that setting an implementation date of 1 year after the effective date of this final rule for these requirements will give these and other facilities E:\FR\FM\16SER2.SGM 16SER2 mstockstill on DSK3G9T082PROD with RULES2 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations sufficient time for compliance. As stated earlier, we encourage facilities to form coalitions in their area for assistance in meeting these requirements. We also encourage facilities to utilize the many resources we have included in the proposed and final rule. We appreciate that some facilities have existing emergency preparedness plans. However, all facilities will be required to develop and maintain an emergency preparedness plan based on an all-hazards approach and address the four major elements of emergency preparedness in their plan that we have identified in this final rule. Each facility will be required to evaluate its current emergency preparedness plan and activities to ensure that it complies with the new requirements. Comment: A few commenters recommended that CMS implement enforcement of the final rule when the interpretive guidance (IG) is finalized by CMS. A few commenters noted that this implementation data should include a period of engagement with hospitals and other providers and suppliers, a period to allow for the development and testing of surveyor tools, and a readiness review of state survey agencies that is complete and publicly available. A commenter recommended that facilities implement the requirements 5 years after the IGs have been published. Another commenter recommended that CMS phase-in implementation in terms of enforcement and roll out, allowing time for full implementation and assistance to facilities and state surveyors. A few commenters recommended that providers be allowed a period of time where they are held harmless during a transitional planning period, where providers may be allotted more time to plan and implement the emergency preparedness requirements. Response: We disagree with the…
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Discuss the process of health policymaking

Discuss the process of health policymaking

select any (proposed or enacted) public health policy. In two or three paragraphs discuss a few of the dimensions of the policymaking process as they relate to your chosen policy. In addition, I would like you to address specifically the roles of both ethics and evidence in the process. (Be sure to select a “public” health policy and not one enacted by a private organization. For example, one legislated by the US Congress, the FDA, CDC, HHS, CMS, etc.)

I chose New York’s recently changed abortion law. Here is my essay below.

The New York state Department stated that “maternal mortality rate has increased in the last decade from 13.3 per 100,000 live births in 2006, to 25 per 100,000 live births in 2015.” The vast majority of these deaths were caused by abortions that were done illegally in unsafe conditions. [a1] The alarming increase has prompted the Governor of New York to look closer into this epidemic and the concerning rise in the statistical numbers. One way to combat the rise in maternal mortality rate, the Governor enacted a new abortion law, that allowed mothers to have legal and safe abortions past the 24-week mark; if the mother and or infant’s health is at risk. [a2] This is a way for those parents who find out later in their pregnancy, that the child may not be viable and or has a birth defect that hinders the parent and or child emotionally, they will have the proper and safe channels to terminate the pregnancy.

This new law was adopted, but with hesitation and a large amount of push back. NYCLU Executive Director Donna Lieberman stated “Today, New York State took a historic vote to protect women’s rights and autonomy. The Reproductive Health Act recognizes reproductive health care as a fundamental right. It takes abortion out of the criminal code and puts it where women’s health belongs — in the public health law. It recognizes the range of medical professionals that women can turn to, expanding access to early care.” This was a phenomenal win for those who have advocated for women’s rights. The uphill battle has given women more control over their reproductive choice. In contrast, if a woman is attacked by an assailant and lose the baby as a result, the perpetrator wouldn’t be criminalized for the death of the child, because the death of an unborn child has been removed from the criminal penal code. Another issue that arises from this new policy is the Hippocratic oath, this oath states “do no harm”, it is one oath that many doctors, physicians and nurses take as they begin their career as caretakers. If a woman wants a late term abortion even though the mother and child are healthy and viable, but the mother feels as if she has a health issue that may hinder her from providing for the child, would the doctor be held liable for harming a child who is able to live outside the womb?

Although on the surface, this new policy shows great potential and progression, there are a lot of underlying factors that may arise and cause it to fail. This new policy is so new that we have yet to see the ramifications of its implementation, therefor we are unable to assess whether or not it was a good decision. Ruth Ginsbrg said “ the emphasis must be no on the right to abortion but on the right to privacy and reproductive control.”, and that exactly what this law is trying to do.


Grading Rubric

A specific health policy or program was selected and details provided (10pts possible): 10 points received

Were at least 2 dimensions of the policymaking process identified (20pts possible): 0 points received

Was it made clear how these aspects of the policymaking process were related to the chosen policy (10pts possible): 0 points received

Was the role of ethics discussed in relation to the policymaking process for this health policy/program with some specificity (5pts possible): 0 points received

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Was the role of evidence discussed in relation to the policymaking process for this health policy/program with some specificity (5pts possible): 0 points received

Comments: Here are his recommendations to fix it.

Very nicely written and you picked a policy with potential. However, the point of this exercise was to objectively “discuss a few of the dimensions of the policymaking processes they relate to your chosen policy.” These were covered in the video lecture. In the future, please carefully read the instructions because all exercises and exams will be graded similarly.

You lost a lot of points since what you wrote wasn’t focused on the policymaking process. However, for this first assignment I am letting students go back and make changes/additions to their submissions if they did poorly. Please email me your updated document by the end of February if you would like me to re-grade this exercise without any penalty.