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Client Alert: Not A Drill? Biden Administration Signals Updated Emergency Preparedness Rule For Medicare/Medicaid Providers And Suppliers

The Biden administration has signaled an intention to move ahead with publishing new, proposed requirements for Medicare/Medicaid-participating healthcare providers and suppliers in connection with emergency planning. However, with the upcoming change in presidential administrations, it is unclear whether, when, and to what extent any such updates may, in fact, be forthcoming. On December 18, 2024, the administration unveiled its Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”), which included a reference to new Centers for Medicare & Medicaid Services (“CMS”) rules for the fiscal year that started October 1, 2024, under the heading, “Healthcare System Resiliency and Modernization (CMS-3426).” In summarizing expected updates, the administration referenced the need to prepare for “both natural and man-made disasters, including climate-related disasters.” This summary more pointedly highlights that the rule would: “advance equity [and] increase access to person-centered care,” “address and prevent medication shortages,” and “strengthen provider resiliency and preparedness against cyberattacks.” Finally, the summary notes that applicable proposals are to be “in accordance with Executive Orders 13985, 13988, 13995, and 14301 on Advancing Racial Equity and Support for Underserved Communities through the Federal Government, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Ensuring an Equitable Pandemic Response and Recovery, and on Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders, respectively.”

What This Means for Providers

As mentioned above, it is unclear whether and how the incoming change in presidential administration may impact applicable rule changes under the above Unified Agenda. However, as the Unified Agenda suggests, providers can anticipate that future rules pertaining to emergency preparedness will likely focus on “crisis-level” issues that have dominated headlines among healthcare providers in recent years, including cybersecurity threats/crises, weather/climate-related environmental disasters (hurricanes, tornadoes, floods, wildfires, etc.), and disease pandemics. Medicare/Medicaid-participating providers and suppliers are encouraged to monitor for such rule changes while also ensuring their current emergency preparedness plans align with CMS guidance. Further guidance from CMS on emergency preparedness  is available here.

If you need guidance on ensuring compliance with applicable emergency preparedness rules for Medicare/Medicaid-participating providers and suppliers, please contact krene@whitefordlaw.com. 

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