23 MAC Pt. 207, R. 3.12
Disaster Procedures
Cite as 23 Miss. Admin. Code Pt. 207, R. 3.12
Disaster Procedures
A. Intermediate care facilities for individuals with intellectual disabilities (ICF/IIDs) must
comply with all federal, state, local, and Mississippi State Department of Health (MSDH)
emergency preparedness requirements and must establish and maintain an emergency
preparedness program in accordance with 42 C.F.R. § 483.475.
B. ICF/IIDs must develop and maintain an emergency preparedness plan that must be reviewed
and updated at least annually and must:
1. Be based on and include a documented, facility-based and community-based risk
assessment, utilizing an all-hazards approach, including missing residents.
2. Include strategies for addressing emergency events identified by the risk assessment.
3. Address the special needs of its ICF/IID population, including, but not limited to, persons
at-risk; the type of services the ICF/IID has the ability to provide in an emergency; and
continuity of operations, including delegations of authority and succession plans.
4. Include a process for cooperation and collaboration with local, tribal, regional, state, and
federal emergency preparedness officials' efforts to maintain an integrated response
during a disaster or emergency situation, including documentation of the ICF/IID's efforts
to contact such officials and, when applicable, of its participation in collaborative and
cooperative planning efforts.
C. ICF/IIDs must develop a system to track the location of on-duty staff and sheltered residents
in the ICF/IID's care during and after an emergency. If on-duty staff and sheltered residents
are relocated during the emergency, the ICF/IID must document the specific name and
location of the receiving facility or other location.
D. ICF/IIDs may temporarily transfer or discharge residents to other in-state ICF/IIDs or to
an evacuation location identified in their MSDH approved emergency operations plan during
declared public health emergencies and must:
1. Determine by day fifteen (15) of the evacuation whether or not residents will be able to
return to the evacuating facility within thirty (30) days from the date of the evacuation.
2. Notify all residents and/or their responsible parties, receiving facilities, MSDH, the
Department of Mental Health (DMH), and the Division of Medicaid of the determination
of whether or not the residents will be able to return to the evacuating facility within
thirty (30) days. The evacuating facility must confirm and document that all parties
noted above have received their determination and notice.
a) ICF/IIDs transferring residents to an in-state ICF/IID with an anticipated return to the
evacuating facility within thirty (30) days may bill the Division of Medicaid for the
services that were provided at the receiving facility for a maximum of thirty (30) days
and:
1) Must notify the resident and, if known, a family member or legal
guardian/representative of the transfer and the transfer location.
2) Must follow all inpatient hospital and home/therapeutic leave policies regardless
of whether the resident is on home leave, at the evacuating facility or the
receiving facility.
3) Are responsible for payment to the receiving facility for the services that the
receiving facility provides to the evacuated residents.
4) Cannot include the evacuating residents in their census and must report actual
costs incurred by the evacuating facility for all residents in its care. The receiving
facility must report the actual census, including the evacuated residents, and the
actual costs incurred by the receiving facility. No offset of the revenue received
from the evacuating facility will be required.
5) Cannot include payments made or transferred to the receiving facility for
evacuated residents on the cost report.
b) Evacuating ICF/IIDs must discharge residents within the thirty (30) day timeframe
who will not return to the evacuating facility within thirty (30) days and must:
1) Notify the resident and, if known, a family member or legal
guardian/representative of the discharge and location to where the resident is
being evacuated.
2) Complete and submit the applicable communication form, including the discharge
date, to the appropriate Division of Medicaid Regional Office.
3) Complete and submit to the receiving facility, a discharge summary, including the
discharge date, along with the following medical information including, but not
limited to:
(a) Current physician orders,
(b) Current Individual Support Plan (ISP),
(c) Psychological history,
(d) Social history,
(e) Most recent history and physical,
(f) Current medication administration record,
(g) Nutritional assessment, and
(h) Advanced directives, and
4) Comply with all normal admission requirements for any subsequent readmissions
after the thirty (30) day timeframe.
c) The ICF/IID receiving evacuated residents who will not return to the evacuated
facility within thirty (30) days must admit the evacuated ICF/IID residents within the
thirty (30) day timeframe and:
1) Must comply with all normal admission requirements.
2) Complete and submit the appropriate communication form, including the
admission date, to the appropriate Division of Medicaid Regional Office.
3) Is not required to complete a new ICF/IID preadmission form for the admission of
evacuated residents during the disaster period.
E. ICF/IIDs may submit requests to MSDH or the Centers for Medicare and Medicaid Services
(CMS) to operate under the 1135 waiver authority during a disaster or emergency.