| (a) Definitions. The following words and terms, when
used in this section, have the following meanings, unless the context
clearly indicates otherwise.
(1) Designated emergency contact--A person whom a client,
or a client's representative, identifies in writing for the facility
to contact in the event of a disaster or emergency.
(2) Disaster or emergency--An impending, emerging,
or actual situation that:
(A) interferes with normal activities of a facility
or its clients;
(B) may:
(i) cause injury or death to a client or staff member
of the facility; or
(ii) cause damage to facility property;
(C) requires the facility to respond immediately to
mitigate or avoid the injury, death, damage, or interference; and
(D) does not include a situation that arises from the
medical condition of a client such as cardiac arrest, obstructed airway,
cerebrovascular accident.
(3) Emergency management coordinator (EMC)--The person
appointed by the local mayor or county judge to plan, coordinate,
and implement public health emergency preparedness planning and response
within the local jurisdiction.
(4) Emergency preparedness coordinator (EPC)--The facility
staff person with the responsibility and authority to direct, control,
and manage the facility's response to a disaster or emergency.
(5) Plan--A facility's emergency preparedness and response
plan.
(6) Risk assessment--The process of evaluating, documenting,
and examining potential disasters or emergencies that pose the highest
risk to the facility and assessing their foreseeable impacts based
on the facility's geographical location, structural conditions, client
needs and characteristics, and other influencing factors, to develop
an effective 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 printed copy of the plan that
is accessible to all staff, clients, and client representatives at
all times;
(3) evaluate and revise the plan as necessary:
(A) within 30 days after an emergency situation;
(B) as soon as possible after the remodeling or construction
of an addition to the facility; and
(C) at least annually; and
(4) revise the plan within 30 days after information
included in the plan changes.
(c) Emergency preparedness and response plan. A facility's
plan must:
(1) include a risk assessment of all potential internal
and external emergency situations relevant to the facility operations
and geographical area, such as a fire, failure of heating and cooling
systems, a power outage, an explosion, a hurricane, a tornado, a flood,
extreme snow and ice for the area, a wildfire, terrorism, or a hazardous
materials accident;
(2) include a description of the facility's client
population;
(3) include a description of the services and assistance
needed by the clients in an emergency situation;
(4) include a section for each core function of emergency
management, as described in subsection (d) of this section, that is
based on a facility's decision to either shelter-in-place or evacuate
during an emergency; 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) designates by name or title 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) designates by name or title 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;
(C) documents the name and contact information for
the local EMC for the area where the facility is located, as identified
by the office of the local mayor or county judge; and
(D) documents coordination with the local EMC as required
by the local EMC's guidelines relating to emergency situations.
(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; 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 the event of power
failure or the loss of the facility's primary mode of communication
in an emergency situation;
(B) includes procedures for maintaining a current list
of telephone numbers for clients and responsible parties;
(C) includes procedures for maintaining a current list
of telephone numbers for the facility's staff that also identifies
the facility's EPC;
(D) identifies the location of the lists described
in subparagraphs (B) and (C) of this paragraph where facility staff
can obtain the lists quickly;
(E) includes procedures to notify:
(i) facility staff about an emergency situation;
(ii) the alternate location about an impending or actual
evacuation of clients; and
(iii) clients, legally authorized representatives and
other persons about an emergency situation;
(F) describes how the facility will provide, during
an emergency situation, general information to the public, such as
the change in the facility's location and hours, or that the facility
is closed due to the emergency situation;
(G) includes procedures for the facility to maintain
communication with:
(i) facility staff during an emergency situation;
(ii) an alternate location if applicable; and
(iii) facility staff who will transport clients to
a secure location during an evacuation in a facility vehicle;
(H) includes procedures for reporting to HHSC an emergency
situation that caused the death or serious injury of a client:
(i) by telephone, at 1-800-458-9858, within 24 hours
after the death or serious injury; and
(ii) electronically via the online portal on the HHSC
form titled HHSC Provider Investigation Report, within five working
days after the facility makes the telephone report required by clause
(i) of this subparagraph.
(4) Sheltering-in-place. A facility's plan must contain
a section that includes procedures to shelter clients in place during
an emergency situation.
(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 evacuating clients to a
pre-arranged location in an emergency situation, if applicable;
(C) includes an agreement with an alternate location
which must specify the arrangements for receiving clients in the event
of an evacuation;
(D) identifies primary and alternate evacuation destinations
and routes, and includes a map that shows the destination and routes;
(E) includes procedures for:
(i) ensuring facility staff accompany evacuating clients;
(ii) ensuring that all persons present in the building
have been evacuated;
(iii) accounting for clients and staff after they have
been evacuated;
(iv) accounting for clients who are absent from the
facility at the time of the evacuation;
(v) contacting the local EMC, if required by the local
EMC guidelines, to find out if it is safe to return to the geographical
area; and
(vi) 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, if required by the local
EMC guidelines;
(G) includes procedures for notifying HHSC by telephone,
at 1-800-458-9858, within 24 hours after an evacuation that clients
have been evacuated;
Cont'd... |
