(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...