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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)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
(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.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on December 12, 2022
TRD-202204967 Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: January 1, 2023
Proposal publication date: August 12, 2022
For further
information, please call: (512) 438-3161
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