What are the CMS emergency preparedness rule requirements for hospitals?

The CMS Emergency Preparedness Rule (final rule 81 FR 63860, September 2016; amended by the 2019 Burden Reduction Rule) requires hospitals at 42 CFR 482.15 to maintain four program elements: a facility- and community-based emergency plan, policies and procedures, a communication plan, and a training and testing program. It’s a Condition of Participation — non-compliance threatens Medicare payment, not just a citation.
The four elements
- Emergency plan. Based on documented facility-based and community-based risk assessments using an all-hazards approach. Addresses the patient population (including at-risk individuals), services the facility can provide in an emergency, continuity of operations (delegations of authority, succession plans), and collaboration with local, tribal, regional, state, and federal emergency officials. Reviewed and updated at least every 2 years.
- Policies and procedures. Based on the plan, risk assessment, and communication plan. Reviewed and updated at least every 2 years. For hospitals, must address subsistence needs (food, water, medical supplies) for staff and patients whether evacuating or sheltering in place, plus emergency and standby power systems.
- Communication plan. Complies with federal, state, and local laws. Coordinates patient care within the facility, across providers, and with public health and emergency management. Includes contact information for staff, entities, and authorities.
- Training and testing. Initial and annual training so staff can demonstrate knowledge of emergency procedures. Two exercises per year: one full-scale community-based or facility-based functional exercise, and one additional exercise (which may be a tabletop). An actual emergency that tests the plan can substitute for an exercise.
What surveyors check
The risk assessment must be documented and current — a plan without a risk assessment behind it fails. Exercises need after-action reports with corrective actions tracked to completion. And the “at least every 2 years” review cycle is a floor, not a target: after any real event or exercise, the plan should be updated.
The plan is only as good as its last exercise.
See CMS environment-of-care requirements and continuous compliance monitoring.
FAQ
How often must hospitals conduct emergency preparedness exercises?
Two per year: one full-scale (community-based or facility-based functional) and one additional exercise such as a tabletop. A real emergency that tests the plan can count.
How often must the emergency plan be updated?
Reviewed and updated at least every 2 years (annually for long-term care facilities) — and after every real event or exercise.
Does the rule apply to systems with multiple facilities?
A separately certified facility within a health care system may participate in the system’s unified emergency preparedness program, per the rule’s flexibility provisions.