Texas Health and Human Services Commission
Family Violence Special Nonresidential Project Provider Manual
Effective: April 22, 2009
Facility, Safety and Health
5100 Facility Codes
Facility codes vary greatly from city to city and it is up to the organization to obtain this information. Each city will classify a structure differently, which will determine the applicable codes.
5200 Compliance with Americans with Disabilities Act (ADA)
- Family violence special nonresidential projects are required to comply with Title II of the ADA because of their contractual relationship with a state agency (that is, HHSC), and Title III of the ADA because they meet the definition of public accommodation.
- The ADA prohibits discrimination on the basis of disability in federally assisted programs and activities against a client with a mental or physical disability. It provides that individuals with disabilities may not be denied full and equal access to the services, facilities, privileges, advantages and accommodations offered by the special nonresidential project.
- The ADA requires that special nonresidential projects remove architectural and communication barriers that are structural in nature in existing facilities or impede immediate evacuation, when it is "readily achievable" to do so. Architectural barriers are physical elements of a facility that impede access by people with disabilities. "Readily achievable" means easily accomplishable and able to be carried out without too much difficulty or expense.
- Communication tools that are an integral part of the physical structure of the facility can be barriers. These might include conventional signage (inaccessible to individuals with visual impairments) and audible alarm systems (inaccessible to individuals with hearing impairments, including TDD relay systems).
- The ADA requires that all remodeling and new construction follow ADA accessibility guidelines.
- The ADA also requires that a special nonresidential project allow the use of a service animal by an individual with a disability, unless it would jeopardize the safe operation of the facility.
- To reference ADA of 1990 Title II, go to www.usdoj.gov/crt/ada/reg2.html.
- To reference ADA of 1990 Title III, go to www.usdoj.gov/crt/ada/reg3a.html.
- For more information regarding facility compliance requirements of special nonresidential projects, see the HHSC Family Violence Program contract, Article 13, Section 13.07(hh) and (ii).
Common barriers to serving persons with disabilities and possible solutions include the following:
- Budget a line item or fundraising goal specific to accessibility needs.
- Address perceived lack of victims with disabilities with outreach, recruitment and/or needs assessment in the community.
- Address staff misconceptions and fears with staff education and training.
- Address unintentional exclusions/rigid rules, policies with flexibility in rules and special nonresidential project policies.
- Address multi-story building barriers with emergency evacuation assistance devices, such as a life slider (www.lifeslider.com) or evac-chair (www.evac-chair.com) that is accessible to employees and volunteers.
- Address telecommunication issues with use of a TTY or a relay service (see Texas Relay at www.puc.state.tx.us/relay/index.cfm).
5300 Facility Requirements
§379.1201 Facility Requirements for the Special Nonresidential Project
- A safe outdoor play area may be on the special nonresidential project's property or on another property maintained by the special nonresidential project contractor that is considered a safe space.
- These codes vary greatly from city to city. It is up to the organization to obtain local code information. Each city classifies a structure differently, which determines the applicable codes.
It is recommended that special nonresidential projects provide:
- a designated space for teenagers,
- at least one bathroom with accommodations for children, and
- furnishings for young children.
It is recommended that the special nonresidential project's environment:
- reflect the ethnic/cultural diversity of participants;
- be comfortable and welcoming to people of all ages, and
- include such things as magazines, books and artwork for residents without children, including the elderly.
5400 Safety and Security
§379.1202 Security System Policies and Procedures
When determining the security system for and the layout of the special nonresidential project facility, it is recommended that project contractors consider stalking issues associated with batterers.
5500 Health and Hygiene
- To reference information regarding health topics and resources, go to www.dshs.state.tx.us/ or contact the local or regional health department.
- For more information regarding health code requirements of special nonresidential project facilities, refer to the HHSC Family Violence Program contract, Article 13, Section 13.07(hh)-(kk).
Health and Safety Code — A special nonresidential project with a physician on site should be aware that Health and Safety Code §161.004 requires every physician to review the immunization history of any child under 18 years. Physicians are then required to either administer the needed immunizations or make referrals for the immunizations, unless exempt under this section.
- If a client wishes to obtain an exemption from immunizations for reasons of conscience, they may obtain the form to do so at www.dshs.state.tx.us/immunize/school/default.shtm#exclusions.
- For more information, refer to the HHSC Family Violence Program contract, Article 13, Section 13.07(hh)-(kk).
It is recommended that the special nonresidential project call its local or regional health department or the DSHS Immunization Division, to develop an immunization plan to ensure that families have information about how and where to get immunized.
5520 Communicable Diseases
- Health and Safety Code — Chapters 81, 84 and 87 govern the control and reporting of communicable diseases. These chapters outline regulations regarding notifiable conditions and reportable diseases. The Health and Safety Code is at http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm.
- Health Insurance Portability and Accountability Act (HIPAA) of 1996.
- To reference the DSHS website containing a list of notifiable conditions and reporting forms, go to www.dshs.state.tx.us/immunize/school/default.shtm#exclusions.
- If a participant discloses that she or he has a communicable disease, the primary responsibility for reporting that to DSHS is for medical professionals and school administrators. However, there may be some situations where the project is obligated to report communicable diseases directly to DSHS. If you have specific questions regarding whether or not to report a communicable disease, it is advised that you obtain a release from the participant before calling the local health authority for case-specific information.
- For more information about when and where to report, go to www.dshs.state.tx.us/idcu/ or call the DSHS Infectious Disease Control Unit at 512-458-7455.
It is recommended that the special nonresidential project contact the local or regional health department or DSHS for free information, posters and brochures on the subjects of Acquired Immune Deficiency Syndrome (AIDS); Human Immunodeficiency Virus (HIV) and sexually transmitted infections (STIs).
Health Insurance Portability and Accountability Act (HIPAA)
- A special nonresidential project collecting any health or medical information could be subject to HIPAA.
- While a special nonresidential project contractor would not normally consider itself a health care provider and might not be under federal HIPAA legislation, some special nonresidential projects might be under the Texas Medical Records Privacy Act. Also, the parameters of HIPAA for the state of Texas have been expanded through the Health and Safety Code, Chapter 181, Medical Records Privacy Act.
- To determine if the special nonresidential project is considered a "covered entity" under HIPAA, go to www.cms.hhs.gov/HIPAAGenInfo/01_Overview.asp.
- To reference information regarding the requirement to report notifiable conditions and compliance with HIPAA, contact your local health department or go to www.dshs.state.tx.us/hipaa/default.shtm.
5530 Health Care Resources
The Children's Health Insurance Program (CHIP) is a national program designed to provide low-cost health insurance for minors in families that are income eligible and do not qualify for Medicaid. The state of Texas developed TexCare Partnership to provide this service in Texas. To reference the CHIP, go to www.texcarepartnership.com/CHIP-About-TexCarePartnership.htm.
Special nonresidential projects are encouraged to network with health professionals to establish on-site free health screening services and to offer on-site woman, child, well baby and nutrition programs.
5540 Smoking Regulations
Pro-Children Act of 2001
- The special nonresidential project must comply with all applicable federal, state, local and HHSC regulations regarding smoking. Individual cities may also adopt ordinances that are stronger than the Pro-Children Act of 2001. Check locally to see if any further smoking ordinances apply.
- Smoking is prohibited inside centers under the Pro-Children Act of 2001 since all centers receive a portion of federal funds. To reference the act, go to www.ed.gov/policy/elsec/leg/esea02/pg56.html.
- For more information regarding smoking regulations for special nonresidential project facilities, see the HHSC Family Violence Program contract, Article13, Section 13.07(II).
- It is recommended that the organization develop policies that protect minors from accessing cigarettes from volunteers, staff or other program participants. The Health and Safety Code offers a comprehensive approach to reducing children's access to tobacco products, and provides for educating the public regarding the dangers of the use of tobacco. To reference Health and Safety Code §161.083, go to http://tlo2.tlc.state.tx.us/statutes/hs.toc.htm.
- The organization with outside-designated smoking areas should consider all the safety issues, such as safe and well-lit smoking areas and safe re-entry.
- The organization's outdoor smoking policies should balance the right to smoke and the right to a smoke-free environment.