(a) Definitions. In this section, "plan" means a facility's emergency preparedness and response plan.
(b) Administration. A facility must:
  (1) develop and implement a written plan as described in subsection (c) of this section;
  (2) maintain a current written copy of the plan that is accessible to all staff at all times;
  (3) evaluate the plan to determine if information in the plan needs to change:
    (A) within 30 days after an emergency situation;
    (B) due to remodeling or making an addition to the facility; and
    (C) at least every two years;
  (4) revise the plan within 30 days after information in the plan changes; and
  (5) maintain documentation of compliance with this section.
(c) Emergency Preparedness and Response Plan. A facility's plan must:
  (1) include a risk assessment of potential internal and external emergency situations, including a fire, failure of heating and cooling systems, a power outage, an explosion, a hurricane, a tornado, a flood, extreme snow and ice conditions for the area, a wildfire, terrorism, or a hazardous materials accident;
  (2) include a description of the facility's resident population;
  (3) include a description of the services and assistance needed by the residents in an emergency situation;
  (4) include a section for each core function of emergency management that complies with subsection (d) of this section and is based on a facility's decision to either shelter-in-place or evacuate during an emergency situation; and
  (5) include a fire safety plan that complies with subsection (f) of this section.
(d) Plan Requirements Regarding Eight Core Functions of Emergency Management.
  (1) Direction and control. A facility's plan must contain a section for direction and control that:
    (A) identifies the emergency preparedness coordinator (EPC), who is the facility staff person with the authority to manage the facility's response to an emergency situation in accordance with the plan;
    (B) identifies the alternate EPC, who is the facility staff person with the authority to act as the EPC if the EPC is unable to serve in that capacity; and
    (C) documents the name and contact information for the local emergency management coordinator (EMC) for the area in which the facility is located, as identified by the office of the local mayor or county judge.
  (2) Warning. A facility'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, including during off hours, weekends, and holidays; and
    (C) ensures monitoring of local news and weather reports.
  (3) Communication. A facility's plan must contain a section for communication that:
    (A) identifies the facility's primary mode of communication and alternate mode of communication to be used in an emergency situation;
    (B) includes procedures for maintaining a current list of telephone numbers for residents' responsible parties;
    (C) includes procedures for maintaining a current list of telephone numbers for potential places to which to evacuate, such as hotels, motels, and other facilities licensed under this chapter or certified to participate in the Medicaid ICF/IID program;
    (D) includes procedures for maintaining a current list of telephone numbers for the facility's staff, by residence or unit, that identifies the facility's EPC and administrative staff;
    (E) identifies the location of the lists described in subparagraphs (B) - (D) of this paragraph, which must be a place where facility staff can obtain the information quickly;
    (F) includes procedures to notify:
      (i) facility staff about an emergency situation;
      (ii) a receiving facility about an impending or actual evacuation of residents; and
      (iii) residents, legally authorized representatives, and other persons about an impending or actual evacuation;
    (G) provides a method for persons to obtain resident information during an emergency situation; and
    (H) includes procedures for the facility to maintain communication with:
      (i) facility staff involved in an emergency situation;
      (ii) a receiving facility, if applicable; and
      (iii) the driver of a vehicle transporting residents, medications, records, food, water, equipment, or supplies during an evacuation.
  (4) Sheltering Arrangements. A facility's plan must contain a section for sheltering arrangements that:
    (A) includes procedures for implementing a decision to shelter-in-place that include:
      (i) having access to medications, records, food, water, equipment, and supplies; and
      (ii) sheltering facility staff involved in responding to an emergency situation, and their family members, if necessary;
    (B) includes procedures for notifying the HHSC regional office for the area in which the facility is located by telephone immediately after a decision to shelter-in-place has been made; and
    (C) includes procedures for accommodating evacuated residents, if the facility serves as a receiving facility for a facility that has evacuated.
  (5) Evacuation. A facility's plan must contain a section for evacuation that:
    (A) requires posting building evacuation routes prominently throughout the facility, except in small one-story buildings where all exits are obvious;
    (B) includes procedures for implementing a decision to evacuate residents to a receiving facility in an emergency situation, if applicable;
    (C) identifies evacuation destinations and routes and includes a map that shows the destinations and routes;
    (D) includes a current copy of the agreement with a receiving facility, if the evacuation destinations identified in accordance with subparagraph (C) of this paragraph include a receiving facility that is not owned by the same entity as the facility;
    (E) includes procedures for:
      (i) ensuring that facility staff accompany evacuating residents;
      (ii) ensuring that residents and facility staff present in the building have been evacuated;
      (iii) accounting for residents after they have been evacuated;
      (iv) accounting for residents absent from the facility at the time of the evacuation;
      (v) releasing resident information in an emergency situation to promote continuity of a resident's care;
      (vi) contacting the local EMC to find out if it is safe to return to the geographical area; and
      (vii) 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 facility;
    (G) includes procedures for notifying the HHSC regional office for the area in which the facility is located by telephone immediately after a decision to evacuate is made; and
    (H) includes procedures for notifying the HHSC regional office for the area in which the facility is located by telephone that residents have returned to the facility, within 48 hours of their return to the facility after an evacuation.
  (6) Transportation. A facility's plan must contain a section for transportation that:
    (A) provides for a sufficient number of facility-owned vehicles to evacuate all residents and for alternate transportation arrangements if the facility-owned vehicles are not available;
    (B) includes procedures for safely transporting residents, facility staff involved in an evacuation and, if necessary, their family members, and the facility's and residents' pets during an evacuation; and
    (C) includes procedures to safely transport and have timely access to oxygen, medications, records, food, water, equipment, and supplies needed during an evacuation.
  (7) Health and Medical Needs. A facility's plan must contain a section for health and medical needs that:
    (A) identifies all the facility's residents with special medical needs; and
    (B) ensures that the needs of those residents are met during an emergency situation.
  (8) Resource Management. A facility's plan must contain a section for resource management that:
Cont'd...