| (a) Definitions. In this section:
(1) "emergency situation" means an impending or actual
situation that:
(A) interferes with normal activities of an individualized
skills and socialization provider or the individuals receiving services
from the individualized skills and socialization provider;
(B) may:
(i) cause injury or death to an individual or staff
member of the individualized skills and socialization provider; or
(ii) cause damage to property of the individualized
skills and socialization provider;
(C) requires the individualized skills and socialization
provider 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 an individual such as cardiac arrest, obstructed
airway, cerebrovascular accident; and
(2) "plan" refers to an individualized skills and socialization
provider's emergency response plan.
(b) Administration. An individualized skills and socialization
provider must:
(1) develop and implement a written plan as described
in subsection (c) of this section;
(2) maintain a written copy of the plan that is accessible
to all staff at all times;
(3) evaluate and revise the plan as necessary:
(A) within 30 days after an emergency situation;
(B) at least annually; and
(4) revise the plan within 30 days after information
included in the plan changes.
(c) Emergency response plan. An individualized skills
and socialization provider's plan must:
(1) include a risk assessment of all potential internal
and external emergency situations relevant to the individualized skills
and socialization provider's 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 services and assistance
needed by the individuals in an emergency situation;
(3) include a section for each core function of emergency
management, as described in subsection (d) of this section, that is
based on an individualized skills and socialization provider's decision
to either shelter-in-place or evacuate during an emergency; and
(4) for the on-site individualized skills and socialization
location, include a fire safety plan that complies with subsection
(e) of this section.
(d) Plan requirements regarding eight core functions
of emergency management.
(1) Direction and control. An individualized skills
and socialization provider'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 staff person with the authority to manage
the individualized skills and socialization provider's response to
an emergency situation in accordance with the plan;
(B) designates by name or title the alternate EPC who
is the 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 emergency management coordinator (EMC) for the area where
the individualized skills and socialization provider 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) Warnings, emergency alerts, or notifications. An
individualized skills and socialization provider's plan must contain
a section for warnings, emergency alerts, or notifications that:
(A) describes how the EPC will be notified of an emergency
situation;
(B) identifies how the EPC will receive notification
of relevant local news and weather reports; and
(C) ensures monitoring of local news and weather reports.
(3) Communication. An individualized skills and socialization
provider's plan must contain a section for communication that:
(A) identifies the individualized skills and socialization
provider's primary mode of communication and alternate mode of communication
to be used in the event of power failure or the loss of the individualized
skills and socialization provider's primary mode of communication
in an emergency situation;
(B) includes procedures for maintaining a current list
of telephone numbers for individuals, their program providers, and
other relevant emergency contacts as appropriate;
(C) includes procedures for maintaining a current list
of telephone numbers for the individualized skills and socialization
provider's staff that also identifies the EPC;
(D) identifies the location of the lists described
in subparagraphs (B) and (C) of this paragraph where individualized
skills and socialization provider staff can obtain the list quickly;
(E) includes procedures to notify:
(i) staff about an emergency situation;
(ii) a receiving facility, if applicable, about an
impending or actual evacuation of individuals; and
(iii) individuals, LARs, and other persons about an
emergency situation;
(F) describes how the individualized skills and socialization
provider will provide, during an emergency situation, general information
to the public, such as the change in location and hours, or that the
individualized skills and socialization provider is closed due to
the emergency situation;
(G) includes procedures for the individualized skills
and socialization provider to maintain communication with:
(i) staff during an emergency situation;
(ii) a receiving facility, if applicable; and
(iii) staff or other responsible parties who will transport
individuals to a secure location during an evacuation in a vehicle;
(H) includes procedures for reporting to the Texas
Health and Human Services Commission (HHSC) an emergency situation
that caused the death or serious injury of an individual while receiving
individualized skills and socialization services as follows:
(i) by telephone, at 1-800-458-9858, within 24 hours
after the death or serious injury; and
(ii) within five working days after making a report
described by clause (i) of this subparagraph, the individualized skills
and socialization provider must ensure an investigation of the incident
is conducted and send a written investigation report on Form 3613-A,
Provider Investigation Report, or a form containing, at a minimum,
the information required by Form 3613-A, to HHSC's Complaint and Incident
Intake.
(4) Sheltering-in-place. An individualized skills and
socialization provider that provides on-site services must include
in the plan a section that includes procedures to shelter individuals
in place during an emergency situation.
(5) Evacuation. An individualized skills and socialization
provider that provides on-site services must include in the plan a
section for evacuation that:
(A) requires posting building evacuation routes prominently
throughout the on-site individualized skills and socialization location;
(B) includes procedures for evacuating individuals
to a pre-arranged location in an emergency situation, if applicable;
(C) includes procedures for:
(i) ensuring staff accompany evacuating individuals,
as appropriate;
(ii) ensuring that all persons present in the building
have been evacuated;
(iii) accounting for individuals and staff after they
have been evacuated;
(iv) accounting for individuals who are absent from
the individualized skills and socialization provider 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;
(D) includes procedures for notifying the local EMC
regarding an evacuation of the building, if required by the local
EMC guidelines;
(E) includes procedures for notifying HHSC by telephone,
at 1-800-458-9858, within 24 hours after an evacuation that individuals
have been evacuated;
(F) includes procedures for notifying the HHSC Regulatory
Services regional office for the area in which the individualized
skills and socialization provider is located, by telephone, as soon
as safely possible after a decision to evacuate is made; and
Cont'd... |
