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(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)Warning. An individualized skills and socialization
provider'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. 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 and their program providers;
(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 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 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,
except in small, one-story buildings where all exits are obvious;
(B)includes procedures for evacuating individuals
to a pre-arranged location in an emergency situation, if applicable;
(C)includes a mutual aid agreement with a receiving
facility that must specify the arrangements for receiving individuals
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 staff accompany evacuating individuals;
(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;
(F)includes procedures for notifying the local EMC
regarding an evacuation of the building, 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 individuals
have been evacuated;
(H)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
(I)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 that provides on-site services must include in the plan a
section with procedures for transportation that will ensure:
(A)safe transport of records, food, water, equipment,
and supplies needed during an evacuation; and
(B)that the records, food, water, equipment, and supplies,
described in subparagraph (A) of this paragraph, arrive at the receiving
facility at the same time as the individuals.
(7)Health and Medical Needs. An individualized skills
and socialization provider's plan must contain a section for health
and special needs that:
(A)identifies all the individualized skills and socialization
provider's individuals with special needs including individuals with
conditions requiring assistance during an evacuation; and
(B)ensures the needs of those 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:
(A)includes procedures for accessing medications,
records, food, water, equipment and supplies needed during an emergency;
(B)identifies staff who are assigned to locate and
ensure the transportation of items described in subparagraph (A) of
this paragraph during an emergency situation; and
(C)includes procedures to ensure medications are secure
and stored at the proper temperatures during an emergency situation.
(e)Training. An individualized skills and socialization
provider must:
(1)train all staff when hired on their responsibilities
under the plan in accordance with §559.227(j) of this subchapter
(relating to Program Requirements); and
(2)retrain staff at least annually on 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 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 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;
(C)complete the HHSC Fire Drill Report Form for each
required fire drill;
(D)conduct a monthly fire prevention inspection performed
by a trained and senior staff member and document the inspection results;
(E)maintain copies of the fire prevention inspection
report, described in subparagraph (D) of this paragraph, that were
prepared by the individualized skills and socialization provider within
the last 12 months; and
(F)post a copy of the most recent fire prevention
inspection report, described in subparagraph (D) of this paragraph,
in a conspicuous place in the on-site individualized skills and socialization
location.
The agency certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on July 28, 2022
TRD-202202837 Karen Ray
Chief Counsel
Health
and Human Services Commission
Earliest possible date of adoption: September 11, 2022
For further information, please call: (512) 438-3161
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