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N.Y. Mental Hyg. Law § 33.23

Incident notifications and reports

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 33.23 Incident notifications and reports.\n (a) The director of a facility, as defined in subdivision six of\nsection 1.03 of this chapter, shall provide telephone notice of an\nincident involving a patient receiving care and treatment at such\nfacility to a qualified person, as defined in paragraph six of\nsubdivision (a) of section 33.16 of this article. Such notice shall be\nprovided within twenty-four hours of the initial report of such\nincident. For the purposes of this section, "incident" shall mean an\naccident or injury that affects the health or safety of a patient. Upon\nthe request of a qualified person, the director shall promptly provide\nto him or her a copy of the written incident report, provided that the\nnames and other personally identifying information of patients and\nemployees shall not be included unless such patients and employees\nauthorize disclosure. The director of the facility shall also offer to\nhold a meeting with such qualified person to further discuss the\nincident. In addition, within ten days, the director of the facility\nshall provide such qualified person with a written report on the actions\ntaken to address the incident.\n (b) Whenever federal law or applicable federal regulations restrict,\nor as a condition for the receipt of federal aid require, that the\nrelease of records or information pursuant to this section be more\nrestrictive than is provided under this section, the provisions of\nfederal law or regulations shall be controlling.\n
§ 33.23 Incident notifications and reports.\n (a) The director of a facility, as defined in subdivision six of\nsection 1.03 of this chapter, shall provide telephone notice of an\nincident involving a patient receiving care and treatment at such\nfacility to a qualified person, as defined in paragraph six of\nsubdivision (a) of section 33.16 of this article. Such notice shall be\nprovided within twenty-four hours of the initial report of such\nincident. For the purposes of this section, "incident" shall mean an\naccident or injury that affects the health or safety of a patient. Upon\nthe request of a qualified person, the director shall within ten days of\nsuch request, provide to the qualified person a copy of the written\nincident report, provided that the names and other personally\nidentifying information of patients and employees shall not be included\nunless such patients and employees authorize disclosure, offer to hold a\nmeeting with such qualified person to further discuss the incident, and\nprovide such qualified person with a written report on the actions taken\nto address the incident. The director may offer to provide all reports\nto the qualified person electronically.\n (b) Whenever federal law or applicable federal regulations restrict,\nor as a condition for the receipt of federal aid require, that the\nrelease of records or information pursuant to this section be more\nrestrictive than is provided under this section, the provisions of\nfederal law or regulations shall be controlling.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.