(a) Definitions. In this section, "plan" means a facility's
emergency preparedness and response plan.
(b) Administration. A facility must:
(1) develop and implement a written plan as described
in subsection (c) of this section;
(2) maintain a current written copy of the plan that
is accessible to all staff at all times;
(3) evaluate the plan to determine if information in
the plan needs to change:
(A) within 30 days after an emergency situation;
(B) due to remodeling or making an addition to the
facility; and
(C) at least every two years;
(4) revise the plan within 30 days after information
in the plan changes; and
(5) maintain documentation of compliance with this
section.
(c) Emergency Preparedness and Response Plan. A facility's
plan must:
(1) include a risk assessment of potential internal
and external emergency situations, including a fire, failure of heating
and cooling systems, a power outage, an explosion, a hurricane, a
tornado, a flood, extreme snow and ice conditions for the area, a
wildfire, terrorism, or a hazardous materials accident;
(2) include a description of the facility's resident
population;
(3) include a description of the services and assistance
needed by the residents in an emergency situation;
(4) include a section for each core function of emergency
management that complies with subsection (d) of this section and is
based on a facility's decision to either shelter-in-place or evacuate
during an emergency situation; and
(5) include a fire safety plan that complies with subsection
(f) of this section.
(d) Plan Requirements Regarding Eight Core Functions
of Emergency Management.
(1) Direction and control. A facility's plan must contain
a section for direction and control that:
(A) identifies the emergency preparedness coordinator
(EPC), who is the facility staff person with the authority to manage
the facility's response to an emergency situation in accordance with
the plan;
(B) identifies the alternate EPC, who is the facility
staff person with the authority to act as the EPC if the EPC is unable
to serve in that capacity; and
(C) documents the name and contact information for
the local emergency management coordinator (EMC) for the area in which
the facility is located, as identified by the office of the local
mayor or county judge.
(2) Warning. A facility's plan must contain a section
for warning that:
(A) describes how the EPC will be notified of an emergency
situation;
(B) identifies who the EPC will notify of an emergency
situation and when the notification will occur, including during off
hours, weekends, and holidays; and
(C) ensures monitoring of local news and weather reports.
(3) Communication. A facility's plan must contain a
section for communication that:
(A) identifies the facility's primary mode of communication
and alternate mode of communication to be used in an emergency situation;
(B) includes procedures for maintaining a current list
of telephone numbers for residents' responsible parties;
(C) includes procedures for maintaining a current list
of telephone numbers for potential places to which to evacuate, such
as hotels, motels, and other facilities licensed under this chapter
or certified to participate in the Medicaid ICF/IID program;
(D) includes procedures for maintaining a current list
of telephone numbers for the facility's staff, by residence or unit,
that identifies the facility's EPC and administrative staff;
(E) identifies the location of the lists described
in subparagraphs (B) - (D) of this paragraph, which must be a place
where facility staff can obtain the information quickly;
(F) includes procedures to notify:
(i) facility staff about an emergency situation;
(ii) a receiving facility about an impending or actual
evacuation of residents; and
(iii) residents, legally authorized representatives,
and other persons about an impending or actual evacuation;
(G) provides a method for persons to obtain resident
information during an emergency situation; and
(H) includes procedures for the facility to maintain
communication with:
(i) facility staff involved in an emergency situation;
(ii) a receiving facility, if applicable; and
(iii) the driver of a vehicle transporting residents,
medications, records, food, water, equipment, or supplies during an
evacuation.
(4) Sheltering Arrangements. A facility's plan must
contain a section for sheltering arrangements that:
(A) includes procedures for implementing a decision
to shelter-in-place that include:
(i) having access to medications, records, food, water,
equipment, and supplies; and
(ii) sheltering facility staff involved in responding
to an emergency situation, and their family members, if necessary;
(B) includes procedures for notifying the HHSC regional
office for the area in which the facility is located by telephone
immediately after a decision to shelter-in-place has been made; and
(C) includes procedures for accommodating evacuated
residents, if the facility serves as a receiving facility for a facility
that has evacuated.
(5) Evacuation. A facility's plan must contain a section
for evacuation that:
(A) requires posting building evacuation routes prominently
throughout the facility, except in small one-story buildings where
all exits are obvious;
(B) includes procedures for implementing a decision
to evacuate residents to a receiving facility in an emergency situation,
if applicable;
(C) identifies evacuation destinations and routes and
includes a map that shows the destinations and routes;
(D) includes a current copy of the agreement with a
receiving facility, if the evacuation destinations identified in accordance
with subparagraph (C) of this paragraph include a receiving facility
that is not owned by the same entity as the facility;
(E) includes procedures for:
(i) ensuring that facility staff accompany evacuating
residents;
(ii) ensuring that residents and facility staff present
in the building have been evacuated;
(iii) accounting for residents after they have been
evacuated;
(iv) accounting for residents absent from the facility
at the time of the evacuation;
(v) releasing resident information in an emergency
situation to promote continuity of a resident's care;
(vi) contacting the local EMC to find out if it is
safe to return to the geographical area; and
(vii) determining if it is safe to re-enter and occupy
the building after an evacuation;
(F) includes procedures for notifying the local EMC
regarding an evacuation of the facility;
(G) includes procedures for notifying the HHSC regional
office for the area in which the facility is located by telephone
immediately after a decision to evacuate is made; and
(H) includes procedures for notifying the HHSC regional
office for the area in which the facility is located by telephone
that residents have returned to the facility, within 48 hours of their
return to the facility after an evacuation.
(6) Transportation. A facility's plan must contain
a section for transportation that:
(A) provides for a sufficient number of facility-owned
vehicles to evacuate all residents and for alternate transportation
arrangements if the facility-owned vehicles are not available;
(B) includes procedures for safely transporting residents,
facility staff involved in an evacuation and, if necessary, their
family members, and the facility's and residents' pets during an evacuation;
and
(C) includes procedures to safely transport and have
timely access to oxygen, medications, records, food, water, equipment,
and supplies needed during an evacuation.
(7) Health and Medical Needs. A facility's plan must
contain a section for health and medical needs that:
(A) identifies all the facility's residents with special
medical needs; and
(B) ensures that the needs of those residents are met
during an emergency situation.
(8) Resource Management. A facility's plan must contain
a section for resource management that:
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