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Life Safety Code Proposed Rule Has Potential Survey Implications

The Centers for Medicare and Medicaid Services (CMS) has announced a proposed rule on the adoption of updated Life Safety Code (LSC). CMS intends to adopt the National Fire Protection Association’s (NFPA) 2012 editions of the (LSC) and the Health Care Facilities Code (HCFC).  This would reduce burden on health care providers, as the 2012 edition of the LSC also is aligned with the international building codes and would make compliance across codes much simpler for Medicare and Medicaid-participating facilities. Currently, CMS applies the standards set out in the 2000 edition of the LSC to facilities in order to ensure patients’ and caregivers’ health and safety. CMS is now proposing to adopt the 2012 editions of the LSC and the Health Care Facilities Code.  The LSC sets out fire safety requirements for new and existing buildings, and is issued by the NFPA, a private, nonprofit organization dedicated to reducing loss of life due to fire.

The Health Care Facilities Code contains more detailed provisions specific to health care and ambulatory care facilities. Adoption of this code would provide minimum requirements for the installation, inspection, testing, maintenance, performance, and safe practices of health care facility materials, equipment and appliances.

The new edition of the LSC applies to: hospitals, long term care facilities (LTC), critical access hospitals (CAHs), Programs for All Inclusive Care for the Elderly (PACE), religious non-medical healthcare institutions (RNHCIs), hospice inpatient facilities, ambulatory surgical centers (ASCs), and intermediate care facilities for individuals with intellectual disabilities (ICF-IIDs).

Adoption of the new LSC for Health Care Facilities Code (applicable to hospitals, LTC facilities, CAHs, Hospice inpatient facilities, PACE, RNHCIs) would:

  • allow facilities to increase suite sizes;
  • require all high-rise buildings over 75’ are required to be fully sprinklered within 12 years;
  • allow controlled access doors to prevent wandering patients;
  • address issues of alcohol based hand rub dispensers in corridors and patient rooms;
  • require a fire watch (the assignment of a person or persons to an area for the express purpose of notifying appropriate people during an emergency) or building evacuation if a sprinkler system is out of service for more than four hours; and,
  • would require smoke control in anesthetizing locations.

The proposed rule is available for review here, and will be published in the April 16, 2014 Federal Register. The deadline to submit comments is June, 16, 2014.  Let us know your thoughts on the proposed rule.

Contact:  Elliott Frost, efrost@leadingageny.org, 518-867-8832