(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
  (1) Designated emergency contact--A person whom a client, or a client's representative, identifies in writing for the facility to contact in the event of a disaster or emergency.
  (2) Disaster or emergency--An impending, emerging, or actual situation that:
    (A) interferes with normal activities of a facility or its clients;
    (B) may:
      (i) cause injury or death to a client or staff member of the facility; or
      (ii) cause damage to facility property;
    (C) requires the facility 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 a client such as cardiac arrest, obstructed airway, cerebrovascular accident.
  (3) Emergency management coordinator (EMC)--The person appointed by the local mayor or county judge to plan, coordinate, and implement public health emergency preparedness planning and response within the local jurisdiction.
  (4) Emergency preparedness coordinator (EPC)--The facility staff person with the responsibility and authority to direct, control, and manage the facility's response to a disaster or emergency.
  (5) Plan--A facility's emergency preparedness and response plan.
  (6) Risk assessment--The process of evaluating, documenting, and examining potential disasters or emergencies that pose the highest risk to the facility and assessing their foreseeable impacts based on the facility's geographical location, structural conditions, client needs and characteristics, and other influencing factors, to develop an effective 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 printed copy of the plan that is accessible to all staff, clients, and client representatives at all times;
  (3) evaluate and revise the plan as necessary:
    (A) within 30 days after an emergency situation;
    (B) as soon as possible after the remodeling or construction of an addition to the facility; and
    (C) at least annually; and
  (4) revise the plan within 30 days after information included in the plan changes.
(c) Emergency preparedness and response plan. A facility's plan must:
  (1) include a risk assessment of all potential internal and external emergency situations relevant to the facility 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 facility's client population;
  (3) include a description of the services and assistance needed by the clients in an emergency situation;
  (4) include a section for each core function of emergency management, as described in subsection (d) of this section, that is based on a facility's decision to either shelter-in-place or evacuate during an emergency; 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) designates by name or title 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) designates by name or title 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;
    (C) documents the name and contact information for the local EMC for the area where the facility 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. 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; 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 the event of power failure or the loss of the facility's primary mode of communication in an emergency situation;
    (B) includes procedures for maintaining a current list of telephone numbers for clients and responsible parties;
    (C) includes procedures for maintaining a current list of telephone numbers for the facility's staff that also identifies the facility's EPC;
    (D) identifies the location of the lists described in subparagraphs (B) and (C) of this paragraph where facility staff can obtain the lists quickly;
    (E) includes procedures to notify:
      (i) facility staff about an emergency situation;
      (ii) the alternate location about an impending or actual evacuation of clients; and
      (iii) clients, legally authorized representatives and other persons about an emergency situation;
    (F) describes how the facility will provide, during an emergency situation, general information to the public, such as the change in the facility's location and hours, or that the facility is closed due to the emergency situation;
    (G) includes procedures for the facility to maintain communication with:
      (i) facility staff during an emergency situation;
      (ii) an alternate location if applicable; and
      (iii) facility staff who will transport clients to a secure location during an evacuation in a facility vehicle;
    (H) includes procedures for reporting to HHSC an emergency situation that caused the death or serious injury of a client:
      (i) by telephone, at 1-800-458-9858, within 24 hours after the death or serious injury; and
      (ii) electronically via the online portal on the HHSC form titled HHSC Provider Investigation Report, within five working days after the facility makes the telephone report required by clause (i) of this subparagraph.
  (4) Sheltering-in-place. A facility's plan must contain a section that includes procedures to shelter clients in place during an emergency situation.
  (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 evacuating clients to a pre-arranged location in an emergency situation, if applicable;
    (C) includes an agreement with an alternate location which must specify the arrangements for receiving clients 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 facility staff accompany evacuating clients;
      (ii) ensuring that all persons present in the building have been evacuated;
      (iii) accounting for clients and staff after they have been evacuated;
      (iv) accounting for clients who are absent from the facility 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 facility, 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 clients have been evacuated;
Cont'd...