CMS Issue Affecting the Physical Environment South Carolina Society of Hospital p Engineers g Presented November 3, 2011 By Ken Gregory Vice President, Accreditation TSIG Consulting, Inc Who Regulates Hospitals? Federal Circuit Courts Supreme Court Congress Centers for Medicaid and Medicare Services OIG Healthcare Integrity Program Contractors Departmental Appeals PRRB Regional Offices Intermediaries Carriers PROs DME Regional Contractors State Level • Survey and Certification • Courts • Attorneys General • Medicaid • Health Boards • Medical Boards • Local Governments • Licensure YOUR HOSPITAL Regional Home Health Intermediaries DEA FAA FDA OPOs DOT SEC OSHA IRS EPA DOJ NRC FTC FCC FBI HHS/ NIOSH HSS/ HRSA Treasury TJC / DNV DOL Chart Legend DEA: FAA: OPO: O O SEC: IRS: EPA: FTC: FCC: HHS: HRSA: NIOSH: Drug Enforcement Administration Federal Aviation Administration Organ O ga Procurement ocu e e t O Organizations ga at o s Securities and Exchange Commission Internal Revenue Service Environmental Protection Agency Federal Trade Commission Federal Commerce Commission Health and Human Services Health Resources and Services Admin National Institution for Occupational Safety & Health TJC/DNV: NRC: DOL: FBI: DOJ: OSHA: DOT: FDA: OIG: PRO: PRRB: Joint Commission/ DNV Healthcare Nuclear Regulatory Commission Department of Labor Federal bureau of Investigation Department of Justice Occupational Safety and Health Admin Department of Transportation Food and Drug Administration Office of Inspector General Peer Review Organization Provider Reimbursement Review Board CMS Key y Milestones In 1965 Medicare and Medicaid were enacted as Title XVIII and y Act,, extending g health coverage g to Title XIX of the Social Security almost all Americans aged 65 or older (e.g., those receiving retirement benefits from Social Security or the Railroad Retirement Board), and providing health care services to lowlow-income children deprived of parental support support, their caretaker relatives relatives, the elderly elderly, the blind, and individuals with disabilities. Seniors were the population group most likely to be living in poverty; about half had insurance coverage. **** The Social Security Act was established in 1935 as “The Old Age Benefits Program CMS Key y Milestones 1966 Medicare was implemented and more than 19 million individuals enrolled on July y 1. 1972 Medicare eligibility was extended to individuals under age 65 with longlong-term disabilities and to individuals with end end--stage renal disease (ESRD). 1977 The Health Care Financing Administration (HCFA) was established to administer the Medicare and Medicaid programs. 1985 The Emergency Medical Treatment and Labor Act (EMTALA) required hospitals participating in Medicare that operated active emergency rooms to provide appropriate medical screenings and stabilizing treatments. CMS Key y Milestones 1988 The Medicare Catastrophic Coverage Act was enacted, which included the most significant changes since enactment of the Medicare program, improved i dh hospital i l and d skilled kill d nursing i ffacility ili b benefits, fi covered d mammography, and included an outpatient prescription drug benefit and a cap on patient liability. 1996 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) had several provisions. 1998 The internet site www.medicare.gov was launched to provide updated information about Medicare. 2003 The Medicare Prescription Drug, Improvement, and Modernization Act (MMA) made the most significant changes to Medicare since the program began. CMS? Centers for Medicare and Medicaid Services – CMS is a “Federal” program, however it is ““State State Administered”, therefore each state set’s its own guidelines based around the Conditions of Participation (CoP) § 482.41 Condition of participation: Physical environment. – Determines funding reimbursements to healthcare entities who treat medicare/medicaid patients CMS? What is the purpose of CMS as related to the Healthcare Industries “physical environment” – NFPA 101 – NFPA 99 – All supporting codes for 101 NFPA & NFPA 99 2000 LSC References to 1999 NFPA 99 8.4.4 exception 8.4.5 9.2.4 18 2 9 2 18.2.9.2 18.2.10.2 Table 18.3.2.1 18.3.2.2 18.3.2.3 18 3 2 4 18.3.2.4 18.5.1.2 18.5.1.3 19.3.2.2 19.3.2.3 19 3 2 4 19.3.2.4 20.2.9.2 20.3.2.1 20.3.2.2 21.2.9.2 21 3 2 1 21.3.2.1 21.3.2.2 The Primary Support Codes NFPA 10 - Portable Fire Extinguishers NFPA 25 - Inspection, Testing, and Maintenance of WaterWaterBased Fire Protection Systems NFPA 70 – National Electrical Code NFPA 72 – National Fire Alarm Code NFPA 80 - Fire Doors and Other Opening Protectives NFPA 96 - Ventilation Control and Fire Protection of Commercial Cooking Operations NFPA 110 – Emergency Power and Standby Systems NFPA 111 - Stored Electrical Energy Emergency and Standby Power Systems NFPA 101 Health Care Facilities Purpose To provide minimum requirements, with due regard to function, function for the design design, operation, and maintenance of buildings and structures for safety to life from fire fire. NFPA 99 Health Care Facilities Purpose To provide minimum requirements for: – Performance P f – Maintenance – Testing – Safe Practices * No installation criteria except for piped gas True or False? NFPA 99 applies to all new construction? NFPA 99 applies to existing facilities? Application of NFPA 99 “This document shall apply to all healthcare facilities Construction and equipment facilities. requirements shall be applied only to new construction and new equipment, except as modified in individual chapters…” Patient Care Area Patient Care Area Any portion of a healthcare facility wherein patients are intended to be examined or treated. General Care Area General Care Area Patient bedrooms, examining rooms, treatment rooms rooms, clinics and similar areas in which it is intended that the patient will come in contact with ordinary appliances such as nurse call system, electric beds, examining lamps telephones lamps, telephones, and entertainment devices. Critical Care Area Critical Care Area Those special care units, intensive care units operating rooms units, rooms…and and similar areas in which patients are intended to be subjected to invasive procedures and connected to line--operated patientline patient-carecare-related electrical appliances. appliances Wet Location or Not? Description of Area Operating Room Patient Room ICU Room Emergency Exam Room Ph i l Th Physical Therapy Kitchen Wet Location? Wet Location or Not? Description of Area Wet Location? Operating Room Maybe Patient Room No ICU Room No Emergency Exam Room No Ph i l Th Physical Therapy M b Maybe Kitchen No The CMS Survey Life Safety Code requirements – – – – – – – – Building Construction Interior Finish Corridor Walls and Doors Vertical Openings Smoke Compartmentation and Control Hazardous Area Exit and Access Exit and Egress The CMS Survey Life Safety Code requirements – – – – – – – – – Illumination and Emergency Power Emergency Plan and Fire Drills Automatic Sprinkler Systems Smoking Regulations Building Service Equipment Furnishings and Decorations Laboratories Medical Gases and Anesthetizing Areas Electrical The CMS Survey Building Construction – K11 requires a 2 hr FRR barrier for any common occupancy separation walls – K12 sets requirements for acceptable construction types New – – – – I (443), I (332), II (222) any height with complete AASS II (111) not over three stories with complete AASS III (211) V (111) IV (2HH) II (000) nott over one story t with ith complete l t AASS III (200) V (000) NOT ACCEPTABLE Existing – – – – – I (443), I (332), II (222) any height II (111) One story only when non non--sprinklered II (111) Not over three stories with complete AASS III (211) V (111) IV (2HH) II (000) not over two stories with complete AASS III ((200)) V (000) ( ) not over one storyy with complete p AASS The CMS Survey Building Construction (cont) – K103 requires interior walls and partitions in buildings of Type I or Type II construction shall be noncombustible or limitedlimited-combustible materials Interior Finish – K14 Existing interior finish for corridors and exitways, including exposed interior surfaces of buildings such as fixed or movable walls, partitions, columns, and ceilings has a flame spread rating of Class Cl A or Cl Class B New interior finish for corridors and exitways, including exposed interior surfaces of buildings such as fixed or movable walls, partitions, columns, and ceilings has a flame spread rating of Cl Class A or Class Cl B. B Lower L portion ti off corridor id walls ll can b be Class C The CMS Survey Interior Finish – K15 Existing interior finish for rooms and spaces not used for corridors or exitways, including exposed interior surfaces of buildings such as fixed or movable walls walls, partitions partitions, columns columns, and ceilings has a flame spread rating of Class A or Class B. (In fully sprinklered buildings, flame spread rating of Class A, Class B, or Class C may be continued in use within rooms separated in accordance with 19.3.6 from the access corridors.) New interior finish for rooms and spaces not used for corridors or exitways, including exposed interior surfaces of buildings such as fixed or movable walls, partitions, columns, and ceilings has a flame spread rating of Class A or Class B. (Rooms not over 4 persons in capacity may have a flame spread rating of Class A, Class B, or Class C). – K16 Newly installed interior floor finish complying with 10.2.7 shall be permitted in corridors and exits if Class I. (In smoke compartments protected throughout by an approved, supervised automatic sprinkler system in accordance with 19.3.5.2, no interior floor finish requirements shall apply The CMS Survey Corridor Walls and Doors – K17 Existing Corridors are separated from use areas by walls constructed with at least 1/2 hour fire resistance rating. – In sprinklered buildings, partitions are only required to resist the passage of smoke and may terminate at the underside of ceilings where specifically permitted by Code) . – In non non--sprinklered buildings, walls properly extend above the ceiling.. – Charting Ch ti and d clerical l i l stations, t ti waiting iti areas, dining di i rooms, and d activity ti it spaces may be open to corridor under certain conditions specified in the Code. – Gift shops may be separated from corridors by nonnon-fire rated walls if the gift shop is fully sprinklered.) Ne corridor walls New alls shall form a barrier to limit the transfer of smoke smoke. S Such ch walls shall be permitted to terminate at the ceiling where the ceiling is constructed to limit the transfer of smoke. No fire resistance rating is required for the corridor walls. The CMS Survey Corridor Walls and Doors – K18 Existing corridor doors, other than hazardous area, shall be: – Substantial doors, such as those constructed of 1 3/4 inch soldsold-bonded core wood, or capable of resisting fire for at least 20 minutes – Doors in sprinklered buildings are only required to resist the passage of smoke. – There is no impediment to the closing of the doors doors. – Doors shall be provided with a means suitable for keeping the door closed. – Dutch doors meeting 19.3.6.3.3 are permitted. New corridor doors shall be: – Constructed to resist the passage of smoke. – Doors shall be provided with positive latching hardware. – Dutch doors meeting 18 18.3.6.3.6 3 6 3 6 are permitted permitted. The CMS Survey Corridor Walls and Doors – K19 Vision panels in corridor walls or doors shall be fixed window assemblies in approved frames. (In fully sprinklered buildings, there are no restrictions in th area and the d fifire resistance i t off glass l and d fframes.)) Access to exits shall be marked by approved, readily visible signs in all cases where the exit or way to reach exit is not readily apparent to the Vertical Openings Between Floors – K20 Existing vertical Openings shall be protected with a 1 hr FRR New vertical openings shall be protected with 1 hr FRR for 3 stories or less and 2 hr FRR for 4 or more stories An atrium may be used in accordance with 8.2.2.3.5 The CMS Survey Vertical Openings p g Between Floors – K21 Any door in an exit passageway, stairway enclosure, horizontal exit, smoke barrier or hazardous area enclosure shall be permitted to be held open only b d by devices i arranged d tto automatically t ti ll close l allll such hd doors b by zone or throughout the facility upon activation of: – (a) The required manual fire alarm system and – (b) Local smoke detectors designed to detect smoke passing through the opening or a required smoke detection system and – (c) The automatic sprinkler system, if installed The CMS Survey Vertical Openings p g Between Floors – K33 Existing EXIT components (such as stairways) are enclosed with construction having a fire resistance rating of at least one hour, are arranged t provide to id a continuous ti path th off escape, and d provide id protection t ti against i t fifire or smoke from other parts of the building New EXIT components (such as stairways) in buildings four stories or more are enclosed with construction having a fire resistance rating of at least two hours, are arranged to provide a continuous path of escape, and provide a protection against fire and smoke from other parts of the building. In all buildings less than four stories, the enclosure is at least one hour. The CMS Survey Smoke Compartmentation p and Control – K23 Existing - Smoke barriers shall be provided to form at least two smoke compartments on every sleeping room floor for more than 30 patients. New - Smoke barriers shall be provided to form at least two smoke compartments on every floor used by inpatients for sleeping or treatment, and on every floor with an occupant load of 50 or more persons, regardless of use. Smoke barriers shall also be provided on floors that are usable, but unoccupied – K24 The smoke compartments shall not exceed 22,500 square feet and the travel distance to and from any point to reach a door in the required smoke barrier shall not exceed 200 feet. The CMS Survey Smoke Compartmentation p and Control – K25 Smoke barriers shall be constructed to provide: – At least a one half hour in existing, (one hour in new) fire resistance rating and constructed d iin accordance d with ih8 8.3. 3 – Smoke barriers shall be permitted to terminate at an atrium wall. – Windows shall be protected by fire fire--rated glazing or by wired glass panels and steel frames. – A minimum off two separate compartments shall be provided on each floor. f – Dampers shall not be required in duct penetrations of smoke barriers in fully ducted heating, ventilating, and air conditioning systems. – K26 Space shall be provided on each side of smoke barriers to adequately accommodate those occupants served. The CMS Survey Smoke Compartmentation and Control – K27 Existing door openings in smoke barriers have: – At least a 20 minute fire protection rating or are at least 1 3/4 inch thick solid bonded core wood – Non Non--rated protective plates that do not exceed 48 inches from the bottom of the door are permitted. – Horizontal sliding doors comply with 7.2.1.14. – Doors shall be self self--closing or automaticautomatic-closing in accordance with 19.2.2.2.6. – Swinging doors are not required to swing with egress – Positive P iti llatching t hi iis nott required i d New Door openings in smoke barriers have: – At least a 20 minute fire protection rating or are at least 1 3/4 inch thick solid bonded core wood. – Non Non--rated protective plates that do not exceed 48 inches from the bottom of the door are permitted. – Horizontal sliding doors comply with 7.2.1.14. – Swinging doors shall be arranged so that each door swings in an opposite direction. – Doors shall be self self--closing and rabbets, bevels or astragals are required at the meeting edges. – Positive latching is not required The CMS Survey Smoke Compartmentation and Control – K28 Discusses clear widths and vision panel requirements. – K104 Penetrations of smoke barriers by ducts are protected by smoke dampers in accordance with 8 8.3.5. 35 The CMS Survey Smoke Compartmentation and Control – K29 Existing hazardous areas are: – Protected by 1 hr FRR (with ¾ hr doors) or automatic fire extinguishment system and resistant to the passage of smoke, – Be without windows – Self closing or automatic closing doors New hazardous areas are: – Protected byy a 1 hr FRR ((with ¾ hr door)) – Without windows – Self Self--closing or automatic closing doors The CMS Survey Smoke Compartmentation and Control – K30 Gift shops p shall be p protected as hazardous areas when used for storage or display of combustibles in quantities considered hazardous. NonNon-rated walls may separate gift shops g p that are not considered hazardous,, have separate protected storage and that are completely sprinkled. Gift shops may be open to the corridor if they are not considered hazardous, have separate protected storage, are completely sprinklered and do not exceed 500 square feet feet. The CMS Survey Exit a and d Exit Access ccess – K32 Not less than two exits, remote from each other, are provided for each floor or fire section of the building. Only one of these two exits may be a horizontal exit. – K34 Stairways and smoke proof towers used as exits are in accordance with 7.2. 18.2.2.4, 19.2.2.3, 19.2.2.4 – K35 Capacity of exits in number of persons per unit of exit width is in accordance with 7 7.3. 3 18 18.2.3.1, 2 3 1 19 19.2.3.1 231 The CMS Survey Exit a and d Exit Access ccess – K36 Existing travel distances: 100 ft from an exit access door to an exit (150 ft if AASS) 150 ft from anywhere in a room (or suite of rooms) to an exit (200 ft if AASS) – K37 Existing deaddead-end corridors shall be permitted to be continued to be used if it is impractical and unfeasible to alter them so that exists are accessible in not less than two different directions from all points in aisles, passageways, and corridors. New deaddead-end corridors shall not exceed 30 ft. The CMS Survey Exit a and d Exit Access ccess – K38 Exit access is so arranged that exits are readily accessible at all ti times iin accordance d with ith 7 7.1. 1 18 18.2.1, 2 1 19 19.2.1 2 1 ((egress chapter) h t ) – K39 Existing - Width of aisles or corridors (clear and unobstructed) serving i as exit it access shall h ll b be att lleastt 4 ffeet. t New - Width of aisles or corridors (clear and unobstructed) serving as exit access in hospitals and nursing homes shall be at least 8 feet In limited care facility and psychiatric hospitals feet. hospitals, width of aisles or corridors shall be at least 6 feet. – K40 Exit access doors and exit doors used by health care occupants are of the swinging type and have a clear width per 18/19.2.3.5 The CMS Survey Exit a and d Exit Access ccess – K41 All sleeping rooms have a door leading to a corridor providing access to t an exit it or have h a door d lleading di di directly tl tto grade. d – K42 Any room or suite of rooms of more than 1,000 sq. ft. has at least 2 exit it access d doors remote t ffrom each h other th – K43 Patient room doors are arranged such that the patients can open the door from inside without using a key. (Special door locking arrangements are permitted in facilities. 18.2.2.2.4, 18.2.2.2.5) The CMS Survey Illumination u a o a and d Emergency e ge cy Power o e – K45 K45--K47 Illumination of means of egress, including exit discharge and exit discharge – K105 K105--108 Requirements for life support systems, alarm detection, communications etc communications, etc. be on emergency power – K48 Written Fire Plan – K50 Fire Drill requirements The CMS Survey Illumination and Emergency g y Power – K51, 52, 155, 53, 54, and 55 Fire Alarm System Requirements – K56, 154, and 6060-64 Fire Sprinkler Requirements Smoking regulations – K66 Smoking regulations shall be adopted and shall include not less than the following provisions: 18.7.4, 19.7.4 – Smoking shall be prohibited in any room, ward, or compartment where flammable liquids, combustible gases, or oxygen is used or stored i any other in th h hazardous d llocation, ti and d such h area shall h ll b be posted t d with ith signs i that th t read d NO SMOKING or shall be posted with the international symbol for no smoking. – Smoking by patients classified as not responsible shall be prohibited, except when under direct supervision. – Ashtrays of noncombustible material and safe design shall be provided in all areas where h smoking ki iis permitted. itt d – Metal containers with selfself-closing cover devices into which ashtrays can be emptied shall be readily available to all areas where smoking is permitted. The CMS Survey Building u d g Se Services ces Equipment qu p e – K67 Heating, ventilating, and air conditioning shall comply with 9.2 and shall be installed in accordance with the manufacturer’s specifications. – K68 Combustion and ventilation air for boiler, incinerator and heater rooms is taken from and discharged to the outside air. – K69 Cooking facilities shall be protected in accordance with 9.2.3. 18.3.2.6, 19.3.2.6, NFPA 96 – K70 Portable space heating devices shall be prohibited in all health care occupancies occupancies. Except it shall be permitted to be used in nonnon-sleeping staff and employee areas where the heating elements of such devices do not exceed 212 F (100 C). The CMS Survey Building u d g Se Services ces Equipment qu p e – K71 Linen Chutes – K160 All existing elevators, having a travel distance of 25 ft or more above or below the level that best serves the needs of emergency personnel for fire fighting purposes, conform with Firefighter’s Service Requirements of ASME/ ANSI A17.3, Safety Code for Existing Elevators and Escalators. All existing escalators, dumbwaiters, and moving walks conform to the requirements of ASME/ ANSI A17.3, Safety Code for Existing Elevators and Escalators. 19.5.3, 9.4.2.2 Includes escalator emergency stop buttons and automatic skirt obstruction stop. For power dumbwaiters includes hoistway door locking to keep doors closed except for floor where car is being loaded or unloaded unloaded. All new elevators, escalators, and conveyors comply with ASME/ ANSI A17.1, Safety Code for Elevators and Escalators (Includes car emergency signaling, firefighters service phase I key and smoke detector automatic recall, firefighters service phase II emergency inin-car operation, machine room smoke detectors, elevator lobby smoke detectors). The CMS Survey Building u d g Se Services ces Equipment qu p e – K72 Means of egress shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency. No furnishings, decorations or other objects shall obstruct exits, decorations, exits access thereto, thereto egress there from from, or visibility thereof shall be in accordance with 7.1.10 – K160 All existing elevators, having a travel distance of 25 ft or more above or below the level – K73 K73--74 Requirements for draperies, mattresses, etc. – K75 Soiled linen or trash collection receptacles shall not exceed 32 gal (121 L) in capacity. The average density of container capacity in a room or space shall not exceed .5 gal/ft2 (20.4 L/m2). A capacity of 32 gal (121 L) shall not be exceeded within any 64 64--ft2 (5.9 (5.9--m2) area. Mobile soiled linen or trash collection receptacles with capacities greater than 32 gal (121 L) shall be located in a room protected as a hazardous area when not attended. The CMS Survey Laboratory Requirements – K31, 136, and 131 131--134 If high hazard Emergency Procedures Spill Procedures Safety Education Fume Hoods Emergency g y Shower Flammable Liquid Storage – K 7676-78,140 78,140--141, and 142 142--143 Medical Gas Systems Anesthesia Locations 35% Humidity Master alarm panels are in two separate locations and have audible and visible signals. There are high/low alarms for +/+/- 20% operating pressure. Hyperbaric facilities Gas & Vacuum Systems Storage between 300 cubic feet & 3000 cubic feet – Outdoor space – Interior space Noncombustible or limitedlimited-combustible construction Secured Doors Vented (but not into corridor) Gas & Vacuum Systems Greater than 3,000 cubic feet – Outdoors – If indoors, be constructed and use interior finishes of noncombustible or limited--combustible materials such that all walls, floors, ceilings and limited doors are of a minimum 11-hour fire resistance rating – Shall be provided with dedicated mechanical ventilation systems that draw air from within 300 mm (1 ft) of the floor and operate continuously. continuously A means of makeup air shall be provided. Gas & Vacuum Systems Oxidizing gases, such as oxygen and nitrous oxide: – – – – shall not be stored with any flammable gas, liquid, or vapor. 5 ffeett from f combustible b tibl materials t i l iin sprinklered i kl d areas 20 feet from combustible materials in non non--sprinklered areas or An enclosed cabinet of noncombustible construction having a minimum fire protection rating of ½ hour Gas & Vacuum Systems Centralized manifold systems interior room – 1 hr FRR room & door – Vented to exterior – Not located in or have direct access to areas involved in critical patient care – Not located in or have direct access to anesthetizing procedures – Not located near areas storing flammable materials or liquids or combustible liquids – Not located near areas with open flames (e (e.g., g kitchen & mechanical room) – Not located in area with spark spark--generating equipment (e.g., emergency generator) The CMS Survey Electrical Systems y – K106 The hospital and all nursing homes and hospices with life support equipment has a Type I Essential Electrical System powered by a generator with a transfer switch and separate power supply. p pp y – K144 Generators are tested monthly and exercised under load for 30 minutes per month – K146 The Type I EES is divided into the critical branch, life safety branch and the emergency system – K147 Electrical wiring g and equipment q p shall be in accordance with NFPA 70,, National Electrical Code. – And last, but not least, K130 Miscellaneous items that are not listed previously, but are deficient. Electrical Systems NFPA 110 EPS installed in separate room for Level One installations EPSS equipment allowed in same room Room must be 22-hour rated or in an adequate enclosure outside the building capable of resisting the entry of snow or rain No other equipment, except that serving the space, permitted in room Electrical Systems Maintenance & Testing Maintain to meet 1010-second criteria Interval 20 to 40 days 12 tests per year Must meet 30% rated load or load bank 36 M Month th ttestt mustt be b att a minimum i i off 3% ffor the th ffullll 4 hours. Summary of Hot Items Corridor Obstructions Exits not locked/obstructed Items on Sprinkler lines and supports Open O J-Boxes JB Air Pressure Relationships Fire Drills EPSS Testing Documentation Errors Questions Ken Gregory Vice President of Accreditation TSIG Consulting 1001 Olivia Court Mount Juliet, TN 37122 (615) 598598-2652 gregoryk@tsigconsulting.com