| (IV) all possible locations of fire origin areas and
the necessity for full evacuation of the building are addressed;
(V) the fire alarm signal is adequate;
(VI) there is an effective method for warning residents
and staff during a malfunction of the building fire alarm system;
(VII) there is a method to effectively communicate
the actual location of the fire; and
(VIII) the plan satisfies any other safety concerns
that could have an effect on the residents' safety in the event of
a fire; and
(ii) the emergency plan will not have an adverse effect
on other residents of the facility who have waivers of evacuation
or who have special needs that require staff assistance.
(E) HHSC reviews the documentation submitted under
this subsection and notifies the facility in writing of its determination
to grant or deny the waiver within 10 working days after the date
the request is received in the HHSC regional office.
(F) Upon notification that HHSC has granted the evacuation
waiver, the facility must immediately initiate all provisions of the
proposed emergency plan. If the facility does not follow the emergency
plan, and there are health and safety concerns that are not addressed,
HHSC may determine that there is an immediate threat to the health
or safety of a resident.
(G) HHSC reviews a waiver of evacuation during the
facility's annual renewal licensing inspection.
(3) If an HHSC surveyor determines that a resident
is inappropriately placed at a facility and the facility either agrees
with the determination or fails to obtain the written statements or
waiver required in this subsection, the facility must discharge the
resident.
(A) The resident is allowed 30 days after the date
of notice of discharge to move from the facility.
(B) A discharge required under this subsection must
be made notwithstanding:
(i) any other law, including any law relating to the
rights of residents and any obligations imposed under the Property
Code; and
(ii) the terms of any contract.
(4) If a facility is required to discharge the resident
because the facility has not submitted the written statements required
by paragraph (1) of this subsection to the HHSC regional office, or
HHSC denies the waiver as described in paragraph (2) of this subsection,
HHSC may:
(A) assess an administrative penalty if HHSC determines
the facility has intentionally or repeatedly disregarded the waiver
process because the resident is still residing in the facility when
HHSC conducts a future onsite visit; or
(B) seek other sanctions, including an emergency suspension
or closing order, against the facility under Texas Health and Safety
Code, Chapter 247, Subchapter C, if HHSC determines there is a significant
risk and immediate threat to the health and safety of a resident of
the facility.
(5) The facility's disclosure statement must notify
the resident and resident's legally authorized representative of the
waiver process described in this section and the facility's policies
and procedures for aging in place.
(6) After the first year of employment and no later
than the anniversary date of the facility manager's hire date, the
manager must show evidence of annual completion of HHSC training on
aging in place and retaliation.
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