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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 559DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER HINDIVIDUALIZED SKILLS AND SOCIALIZATION PROVIDER REQUIREMENTS
DIVISION 3PROVIDER REQUIREMENTS
RULE §559.229Environment and Emergency Response Plan

    (G) includes procedures for notifying the HHSC regional office for the area in which the individualized skills and socialization provider is located, by telephone, that individuals have returned to the building after an evacuation, within 48 hours after their return.

  (6) Transportation. An individualized skills and socialization provider must include in the plan a section with procedures for transportation.

  (7) Health and Medical Needs. An individualized skills and socialization provider's plan must contain a section ensuring that the health and medical needs of individuals are met during an emergency.

  (8) Resource Management. An individualized skills and socialization provider's plan must contain a section for resource management that ensures individuals have appropriate access to resources during an emergency.

(e) Training. An individualized skills and socialization provider must:

  (1) train all staff when hired on fire, disaster, and their responsibilities under the plan in accordance with §559.227(k) of this subchapter (relating to Program Requirements); and

  (2) retrain staff at least annually on fire, disaster, and the staff member's responsibilities under the plan and when the staff member's responsibilities under the plan change.

(f) An individualized skills and socialization provider offering on-site services must:

  (1) conduct unannounced drills with staff for fire, severe weather, and other emergency situations identified by the individualized skills and socialization provider as likely to occur, based on the results of the risk assessment required by subsection (c)(1) of this section; and

  (2) establish procedures to:

    (A) perform a fire drill at least once every 90 days with all occupants of the building at the time of the fire drill at expected and unexpected times and under varying conditions;

    (B) relocate, during the fire drill, all occupants of the building to a predetermined location where participants must remain until a recall or dismissal signal is given; and

    (C) complete the HHSC Fire Drill Report Form for each required fire drill.

(g) An individualized skills and socialization services provider or designee must enroll in an emergency communication system in accordance with instructions from HHSC.

(h) An individualized skills and socialization services provider or designee must respond to requests for information received through the emergency communication system in the format established by HHSC.

(i) An individualized skills and socialization services provider must ensure that each facility has:

  (1) exterior doors that are unobstructed and accessible to all individuals;

  (2) two means of escape from the facility;

  (3) fire extinguishers that are:

    (A) accessible and unobstructed to the service provider;

    (B) on each level of the facility;

    (C) serviced or replaced after each use; and

    (D) if unused, serviced according to the manufacturer's instructions, or as required by the state or local fire marshal.

(j) The facility must conform to all applicable state laws and local ordinances pertaining to occupancy. When these laws, codes, and ordinances are more stringent than the standards in this section, the more stringent requirements govern. If state laws or local codes or ordinances conflict with the requirements of these standards, the provider must submit an application to alter the licensed capacity so that these conflicts may be legally resolved.

(k) The facility must meet the provisions and requirements concerning accessibility for individuals with disabilities in the following laws and regulations: the Americans with Disabilities Act (ADA) of 1990 (Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35; Texas Government Code, Chapter 469, Elimination of Architectural Barriers; and 16 TAC Chapter 68, Elimination of Architectural Barriers. Plans for new construction, substantial renovations, modifications, and alterations must be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Texas Government Code, Chapter 469. At least 50 percent of the client restrooms must be in accordance with ADA. Exception: facilities licensed for 45 or fewer persons may provide one unisex restroom in accordance with accessibility requirements.


Source Note: The provisions of this §559.229 adopted to be effective January 1, 2023, 47 TexReg 8709

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