Sec. 10.05.04.14. Emergency Management

A. A kidney dialysis center shall have an emergency plan.

B. An emergency plan shall include policies and procedures that will be followed before, during, and after an emergency to address:

(1) The safe management of individuals who are receiving services at the kidney dialysis center when an emergency occurs;

(2) Notification of patients, families, staff, and licensing authorities regarding actions that will be taken concerning the provision of dialysis services to the individuals served by the kidney dialysis center;

(3) Staff coverage, organization, and assignment of responsibilities; and

(4) The continuity of operations, including procedures to secure access to essential goods, equipment, and dialysis services.

C. This regulation does not prohibit a kidney dialysis center from applying for and receiving reimbursement:

(1) Under any applicable insurance policy; or

(2) From any State or federal funds that may be available due to a declared State or federal emergency.

D. A kidney dialysis center is solely responsible for any financial obligation arising from voluntary or mandatory activation of any aspect of the emergency plan developed by the kidney dialysis center under this regulation.

E. For purposes of coordinating local emergency planning efforts, a kidney dialysis center shall provide access to the emergency plan developed under this regulation to local organizations for emergency management.

F. A dialysis provider shall provide the Office of Health Care Quality a 24/7 live operational contact phone number.

G. Information Regarding the Status of Generators. A kidney dialysis center shall provide one of the following regarding the status of generators:

(1) Evidence of an on-site generator;

(2) The capacity to hook up a generator; or

(3) A copy of the contract with a company who will provide a generator in the event of an emergency, if there is no on-site generator.

H. If the center has no plan to use the services of a generator, the center shall provide a copy of the center's emergency plan to the Office of Health Care Quality that will demonstrate that all measures possible are in place to avoid disruption of dialysis services to patients.