(a) The director of a facility, as defined in subdivision six of
section 1.03 of this chapter, shall provide telephone notice of an
incident involving a patient receiving care and treatment at such
facility to a qualified person, as defined in paragraph six of
subdivision (a) of section 33.16 of this article. Such notice shall be
provided within twenty-four hours of the initial report of such
incident. For the purposes of this section, "incident" shall mean an
accident or injury that affects the health or safety of a patient. Upon
the request of a qualified person, the director shall within ten days of
such request, provide to the qualified person a copy of the written
incident report, provided that the names and other personally
identifying information of patients and employees shall not be included
unless such patients and employees authorize disclosure, offer to hold a
meeting with such qualified person to further discuss the incident, and
provide such qualified person with a written report on the actions taken
to address the incident. The director may offer to provide all reports
to the qualified person electronically.
(b) Whenever federal law or applicable federal regulations restrict,
or as a condition for the receipt of federal aid require, that the
release of records or information pursuant to this section be more
restrictive than is provided under this section, the provisions of
federal law or regulations shall be controlling.
Structure New York Laws
Article 33 - Rights of Patients
33.01 - Protection of Patients' Rights.
33.02 - Notice of Rights of Individuals With Mental Disabilities.
33.03 - Quality of Care and Treatment.
33.04 - Restraint of Patients.
33.05 - Communications and Visits.
33.06 - Reports of Abuse, Neglect, and Significant Incidents.
33.07 - Care and Custody of the Personal Property of Persons Receiving Services.
33.09 - Employment of Patients.
33.11 - Education for Children With Mental Disabilities.
33.13 - Clinical Records; Confidentiality.
33.14 - Sealing of Records Pertaining to Treatment for Mental Illness.
33.16 - Access to Clinical Records.
33.17 - Transportation of Individuals.
33.21 - Consent for Mental Health Treatment of Minors.
33.23 - Incident Notifications and Reports.
33.25 - Release of Records Pertaining to Allegations and Investigations of Abuse and Mistreatment.
33.27 - Independent Substance Use Disorder and Mental Health Ombudsman.
33.28 - Independent Developmental Disability Ombudsman Program.