(a) A contractor that has a contract for the HCS Program,
the TxHmL Program, the CLASS Program, or the DBMD Program must:
(1) in a building or a portion of a building that is
owned or leased by the contractor and in which the contractor provides
day habilitation in the HCS Program, the TxHmL Program, or the DBMD
Program or provides prevocational services in the CLASS Program:
(A) conduct, at least once every 90 days, a fire drill
during which individuals evacuate the building; and
(B) prominently post, in an area of the building that
is readily accessible to individuals, employees, subcontractors, volunteers,
and visitors, a notice of the requirement to report an allegation
of abuse, neglect, or exploitation of an individual and how to report
such an allegation to the DFPS toll free telephone number at 1-800-647-7418;
and
(2) have an emergency response plan for individuals
while receiving day habilitation or prevocational services in the
building.
(b) If a contractor described in subsection (a) of
this section has a written agreement required by §49.308 of this
subchapter (relating to Subcontracts) with a subcontractor to provide
day habilitation in the HCS Program, the TxHmL Program, or the DBMD
Program or provide prevocational services in the CLASS Program and
the day habilitation or prevocational services are provided in a building
or a portion of a building the subcontractor owns or leases, the written
agreement must include the following provisions:
(1) that the subcontractor must conduct, at least once
every 90 days, a fire drill during which individuals evacuate the
building;
(2) that the subcontractor must have an emergency response
plan for individuals while receiving day habilitation or prevocational
services in the building;
(3) that the subcontractor must prominently post, in
an area of the building that is readily accessible to individuals,
employees, subcontractors, volunteers, and visitors, a notice of the
requirement to report an allegation of abuse, neglect, or exploitation
of an individual and how to report such an allegation to the DFPS
toll free telephone number at 1-800-647-7418;
(4) that the subcontractor, in accordance with §49.304
of this subchapter (relating to Background Checks), must conduct background
checks on the subcontractor's employees, subcontractors, and volunteers
who provide day habilitation or prevocational services; and
(5) that the subcontractor must:
(A) for an individual in the HCS Program, provide day
habilitation in accordance with the individual's implementation plan
as defined in §9.153 of this title (relating to Definitions)
and keep a copy of the plan in the building;
(B) for an individual in the TxHmL Program, provide
day habilitation in accordance with the individual's implementation
plan as defined in §9.553 of this title (relating to Definitions)
and keep a copy of the plan in the building;
(C) for an individual in the CLASS Program, provide
prevocational services in accordance with the individual's IPP as
defined in §45.103 of this title (relating to Definitions) and
keep a copy of the IPP in the building; and
(D) for an individual in the DBMD Program, provide
day habilitation in accordance with the individual's IPP as defined
in §42.103 of this title (relating to Definitions) and keep a
copy of the IPP in the building.
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