On September 17, CMS released proposed regulations to promote efficiency and transparency as well as reduce burden. Nursing home regulations were notably not included in the proposed rule, however its emergency preparedness provisions affect all Medicare and Medicaid providers (including nursing homes)

The proposed rule, when finalized, would revise CMS’s September 2016 final rule on Emergency Preparedness and the related implementation provisions published in November 2017. The focus of this new proposal is to reduce the burden and associated costs related to complying with the existing emergency preparedness requirements. proposed changes will affect all Medicare and Medicaid participating healthcare providers including nursing homes.

Specific proposals include:

  • Amending the requirement to review and update the Emergency Preparedness Program (EPP) annually. The proposal would permit review every two years or potentially longer at the provider’s own discretion.
  • Amending the annual training requirement to allow training to occur every two years after initial education in the EPP has occurred.
  • Amending the testing requirements to permit one of the required testing exercises to be in the form of a simulation or workshop. Currently, two exercises are required annually with one of the exercises being a full scale/community-based exercise. This proposal would permit more flexibility for the second exercise which currently must minimally be a paper-based table-top exercise.
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Rachel Monger, JD, LACHA is President/CEO. Rachel joined LeadingAge Kansas in 2011 as the Director of Government Affairs and has been a powerful voice for our membership ever since. Rachel is a Kansas licensed attorney and adult care home administrator. She received her bachelor’s degree from Bard College at Simon’s Rock in Great Barrington, MA, and her Juris Doctorate from the University of Kansas School of Law. Over the years, Rachel has served in many volunteer roles in her community and in the state of Kansas to support senior needs, aging services education, and community mental health services. She is also a member of the Board of Governors for the Kansas Health Care Stabilization Fund. As an award-winning trial lawyer, turned award-winning senior care advocate, she has spent nearly two decades passionately supporting quality of care and quality of life for Kansas seniors. When not at work, Rachel loves reading, crafting, volunteering with her church, and spending time with her partner Steven. You can reach Rachel directly at 785.670.8046.