Header:
TEXAS ADMINISTRATIVE CODE
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 97. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
SUBCHAPTER C. MINIMUM STANDARDS FOR ALL HOM
Date:
08/31/2009
Document:
40 TAC § 97.256 (2011)
§ 97.256. Emergency Preparedness Planning and Implementation
An agency must have a written emergency preparedness and response plan, based on its risk assessment required by paragraph (1)(D) of this section, that comprehensively describes its approach to a disaster that could affect the need for its services or its ability to provide those services. An agency must maintain documentation of compliance with this section. With the exception of a freestanding hospice, DADS does not require an agency to physically evacuate or transport a client.
(1) An agency must take the following action to develop, maintain, and implement an emergency preparedness and response plan:
(A) An agency must involve the administrator, supervising nurse if applicable, and, based on the agency's organizational chart, other agency leaders designated by the administrator.
(B) An agency must designate an employee by title, and at least one alternate by title, to act as the agency's disaster coordinator.
(C) An agency must develop a continuity of operations business plan to address emergency financial needs, essential functions for client services, critical personnel, and how to return to normal operations as quickly as possible.
(D) An agency must include a risk assessment to identify the potential disasters from natural and man-made causes most likely to occur in the agency's service area.
(E) An agency must describe the actions and responsibilities for agency staff in each phase of emergency planning, including mitigation, preparedness, response, and recovery. In the response and recovery phases, include actions and responsibilities when warning of an emergency is not provided.
(F) An agency must develop a plan to monitor disaster-related news and information, including after hours, weekends, and holidays, to receive warnings of imminent and occurring disasters.
(G) An agency must describe the following for the response and recovery phases of the plan: (i) who at the agency will initiate each phase; (ii) procedures for communicating with:
(I) staff;
(II) clients or someone responsible for a client's emergency response plan;
(III) local, state, and federal emergency management agencies; and
(IV) other entities as applicable, including:
(-a-) DADS;
(-b-) emergency medical services; and
(-c-) other healthcare providers and suppliers; and (iii) a primary mode of communication and alternate communication or alert systems in the event of telephone or power failure.
(H) An agency must provide the following information and discuss it with each client as part of the agency's written client care policies on how to handle emergencies in the home related to a disaster: (i) the actions and responsibilities of agency staff during and immediately following an emergency; (ii) the client's responsibilities in the agency's emergency preparedness and response plan in accordance with § 97.282 of this chapter (relating to Client Conduct and Responsibility and Client Rights); (iii) a list of community disaster resources that can assist a client during a disaster-related emergency, such as those provided by DADS and local, state, and federal emergency management agencies, including the special needs registry maintained by the state; and (iv) materials that describe survival tips and plans for evacuation and sheltering in place.
(I) An agency must develop procedures in accordance with § 97.301(a)(2) of this chapter (relating to Client Records) to release client information as allowed by law in the event of a disaster-related emergency.
(J) An agency must develop procedures to triage clients that allow the agency to: (i) categorize clients into groups based on the following:
(I) the services provided by the agency;
(II) the need for continuity of services provided by the agency; and
(III) the availability of someone to assume responsibility for a client's emergency response plan if needed by the client; (ii) identify a client who may need evacuation assistance from local or state jurisdictions; (iii) readily access recorded information about a client's triage category in the event of an emergency to coordinate and communicate as required by subparagraph (G) of this paragraph to implement the agency's response and recovery phases.
(K) An agency must develop and implement procedures as part of the agency's staffing policies to orient and train employees, volunteers, and contractors about their responsibilities in the agency's emergency preparedness and response plan.
(L) An agency must complete an internal review of the plan at least annually, and after each actual emergency response, to evaluate its effectiveness and to update the plan as needed.
(M) As part of the annual internal review, an agency must test the response phase of the emergency preparedness and response plan in a planned drill if not tested during an actual emergency response. Except for a freestanding hospice, a planned drill can be limited to the agency's procedures for communicating with staff.
(2) An agency must make a good faith effort to comply with the requirements of this section during a disaster. If the agency is unable to comply with any of the requirements of this section, it must document in the agency's records attempts of staff to follow procedures outlined in the agency's emergency preparedness and response plan.
(3) An agency is not required to continue to provide care to clients in emergency situations that are beyond the agency's control and that make it impossible to provide services, such as when roads are impassable or when a client relocates to a place unknown to the agency. An agency may establish links to local emergency operations centers to determine a mechanism by which to approach specific areas within a disaster area in order for the agency to reach its clients.
(4) If written records are damaged during a disaster, the agency must not reproduce or recreate client records except from existing electronic records. Records reproduced from existing electronic records must include:
(A) the date the record was reproduced;
(B) the agency staff member who reproduced the record; and
(C) how the original record was damaged.
(5) Notwithstanding the provisions specified in Division 2 of this subchapter (relating to Conditions of a License), an agency must notify and provide the following information to the DADS Home and Community Support Services Agencies licensing unit no later than five working days after any of the following temporary changes resulting from the effects of an emergency or disaster. The notice and information must be submitted by fax or e-mail. If fax and e-mail are unavailable, notifications can be provided by telephone, but must be provided in writing as soon as possible. If communication with the DADS licensing unit is not possible, an agency may fax, e-mail, or telephone the designated survey office to provide notification.
(A) If temporarily relocating a place of business, the agency must provide DADS with: (i) the license number for the place of business and the date of temporary relocation; (ii) the physical address and phone number of the temporary location; and (iii) the date an agency returns to a place of business after temporary relocation.
(B) If temporarily expanding the service area to provide services during a disaster, the agency must provide DADS with: (i) the license number and revised boundaries of the original service area; (ii) the date of temporary expansion; and (iii) the date an agency's temporary expansion of its service area ends.
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