Sec. 10.30.01.11. Miscellaneous Items

A. A serious occurrence which threatens the safety and health of the patients shall be reported immediately by a facility to the Commission, local health department, and the Office of Health Care Quality of the Department.

B. In the event of a natural disaster or other imminent threat to the safety or health of a group of dialysis patients, the Secretary may immediately authorize, with timely notification of all involved professional personnel and patients, the:

(1) Relocation of an existing dialysis facility or center; and

(2) Transfer of dialysis patients in accordance with medical needs.

C. Emergency Management.

(1) A kidney dialysis facility shall have an emergency plan.

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

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

(b) 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 facility;

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

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

(3) This regulation does not prohibit a kidney dialysis facility from applying for and receiving reimbursement:

(a) Under any applicable insurance policy; or

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

(4) A kidney dialysis facility 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.

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

(6) A dialysis provider shall provide to the Commission a 24/7 live operational contact phone number.

(7) Information Regarding the Status of Generators. A kidney dialysis center shall have:

(a) An on-site generator;

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

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

(8) If the center has no plan to use the services of a generator, the center shall provide to the Commission a copy of the center's emergency plan that will demonstrate that all measures possible are in place to avoid disruption of dialysis services to patients.