Header:
OHIO ADMINISTRATIVE CODE ANNOTATED
5101:3 DIVISION OF MEDICAL ASSISTANCE
CHAPTER 5101:3-3 LONG-TERM CARE FACILITIES; NURSING FACILITIES; INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Date:
06/04/2013
Document:
5101:3-3-02.7. Emergency management and resident relocation plan for nursing facilities (NFs).
(A) Purpose.
The purpose of this rule is to set forth provisions for the preparation for, response to, and recovery from an emergency at a NF. The provisions of this rule are in addition to the requirements set forth in sections 5111.51, 5111.53, and 5111.54 of the Revised Code, and in rule 3701-17-25 of the Administrative Code.
(B) Definitions.
"Emergency" means an unexpected situation or sudden occurrence of a serious or urgent nature that creates a substantial likelihood that one or more of a facility's residents may be seriously harmed if allowed to remain in the facility. Events that may constitute an emergency include, but are not limited to, the following:
(1) Tornado, severe wind, severe storm, flood, or other natural disaster; or
(2) Fire; or
(3) Explosion; or
(4) Loss of electrical power; or
(5) Release of hazardous chemicals or other hazardous material; or
(6) Civil disaster; or
(7) A labor strike that suddenly causes the number of staff members in a facility to be below that necessary for resident care.
(C) Written emergency relocation plan. (1) Each provider shall have a written plan of procedure to be followed in the event of an emergency that requires relocation of residents.
(2) The plan must be clearly communicated and reviewed with all the facility's staff.
(D) Resident relocation components of emergency plan.
The emergency plan shall include all of the following components:
(1) Procedures for securing emergency shelter, including resident identification and tracking; and
(2) Procedures for resident care, including supplies, equipment, and staffing; and
(3) Procedures for contacting physicians, family, guardians, other individuals responsible for residents, and government agencies; and
(4) Procedures for resident transportation, hospitalization, therapy, and other appropriate services, including post-emergency transportation; and
(5) Procedures for records transfer.
(E) Notification. (1) The provider shall notify all of the following:
(a) Residents' families. Each resident's family, guardian, sponsor, next of kin, or other person responsible for the resident; and
(b) County department of job and family services (CDJFS). The CDJFS shall be notified of the following within one working day after the relocation of residents:
(i) Nature of the emergency; and
(ii) Any injuries to residents; and
(iii) New location of residents who have been relocated; and
(iv) Plans for the restoration or rehabilitation of the facility to allow residents to re-occupy the facility; and
(v) An estimated timeframe for the resumption of operations, if applicable; and
(c) Ohio department of job and family services (ODJFS), bureau of long term services and supports (BLTSS) designated emergency coordinator. The BLTSS emergency coordinator shall be notified of the following within one working day after the relocation of residents:
(i) Nature of the emergency; and
(ii) Any significant injuries to residents related to the emergency that result in hospitalization; and
(iii) New location of residents who have been relocated; and
(iv) Plans for the restoration or rehabilitation of the facility to allow residents to re-occupy the facility; and
(v) An estimated timeframe for the resumption of operations, if applicable; and
(d) The Ohio department of health (ODH) within one working day after the relocation of residents.
(2) The provider shall submit weekly updates to the BLTSS emergency coordinator until the facility is permanently closed, residents are returned, or a partial evacuation has been resolved.
(F) Compliance and reimbursement.
The provider may consult with ODJFS regarding the functions that may be impaired by the temporary relocation of residents, including the following:
(1) Cost reporting; and
(2) Minimum data sets (MDS) reporting as it impacts case mix scores; and
(3) Level of care and pre-admission reviews for transferred residents; and
(4) Access to residents' personal needs allowance (PNA) accounts; and
(5) Claims processing.
(G) Termination of NF services.
Pursuant to section 5111.65 of the Revised Code, a NF closure does not occur if all of the facility's residents are relocated due to an emergency evacuation and one or more of the residents return to a medicaid-certified bed in the facility not later than thirty days after the evacuation occurs.
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