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96 Hour Debacle Continues

Q. (To The Joint Commission) As you know we published this article last month regarding EC 4.12, B-6.
http://www.healthcareengineering.net/234.htm

The accompanying survey was taken by 2712 hospital engineers. The results are posted at:
http://www.healthcareengineering.net/235.htm

I have heard a rumor that the JC is allowing a “tightly drawn” contract with a fuel supplier as an alternate to storing additional fuel on site. Is this correct? Regards, Dan Chisholm, Sr.

A. Dan, The issue is an event that compromises the community (“…when the organization cannot be supported by the local community”), so how can a local supplier guarantee that they will have fuel available? This is why the Joint Commission is asking the organization to, in the Emergency Operations Plan, “to identify the organization’s capabilities and establish response efforts…” This EP expects the organization to identify internal capabilities, which would include strategies to extend resources if possible. The note does allow evacuation to be an acceptable response effort. Regards, Joint Commission

F.U. (Follow up): Thanks for the quick response.

The problems some of our clients (the “receiving” hospitals that “must stay open” for indefinite periods) are facing is where to store an amount of fuel required to run for a 96 hour period…they simply don’t have the room…above ground or under ground, and even if they did the fuel could “spoil” before its ever used for long term emergencies. They are caught in a Catch 22 in that the local authorities, and the public, will demand they stay open (and unfortunately be sued later for circumstances beyond their control as in the 21 “wrongful death” cases filed against our clients in New Orleans for being good Samaritans – where some of the nurses and doctors lived and worked 24 hours a day in conditions only found in 3rd world countries.)

The question becomes; do they evacuate because they can’t store enough fuel on-site to render “quality care” (and be sued for whatever the ambulance-chasing attorneys can dream up), or stay open and render whatever care is possible without sufficient emergency power (and later be sued for malpractice and wrongful death). Who makes the call?

There has got to be some middle ground where logic and common sense prevails. I’m not saying I have the answer, but I am saying there are over 1700 hospitals I know of that will be sued if they don’t stay open…and only a handful of them have the vacant real estate available to store 96+ hours of fuel .

I am hoping the CMS will ultimately accept the facts as we know them and will “cut us all some slack”.

Storing fuel off site (preferably on dealer property) would seem the only alternative for those “land locked” larger hospitals that will become the only accessible safe havens (for the sick, and the healthy). Let’s face it, if the fuel suppliers can’t even deliver the fuel to the hospitals everything we’re debating will probably be moots point.

Take care,
Dan

P.S. Recently during a deposition I was shown a picture of a JCAHO accreditation certificate affixed to a wall on the bottom floor of a hospital in New Orleans that had a “high water mark” running right through the center of it. Opposing counsel is going to use it during a/the trail. I’m not sure where healthcare is going to be in 20 years, but it appears the attorneys are going to be the only folks able to afford it…they will have all the money… But then, their lives will be in the hands of the docs they’ve sued…

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