N.Y. Mental Hygiene Law § 32.17: Certain duties of providers of services

§ 32.17 Certain duties of providers of services.

It shall be the duty of every holder of an operating certificate to

assist both the office and the commission on quality of care for the

mentally disabled in carrying out their respective and joint regulatory

functions by:

(a) complying with the provisions of this chapter, other applicable

federal, state, and local laws, rules, and regulations, and the

regulations of the commissioner.

(b) consistent with federal and state confidentiality laws and

regulations, making such reports as are required by the office as well

as those necessary to provide notification to the district attorney or

other appropriate law enforcement official and the commissioner or his

or her authorized representative as soon as possible, or in any event

within three working days, if it appears that a crime may have been

committed by program personnel against a patient receiving services from

such provider, and/or if a crime may have been committed by program

personnel against any person on such provider's premises, and making

such other reports, uniform and otherwise, as are required by the

commissioner or his or her authorized representative with respect to its

operations. Information obtained by the commissioner from the records of

patients receiving services shall be kept confidential in accordance

with applicable federal and state confidentiality laws and regulations.

(c) cooperating with the commissioner or his or her authorized

representative and the commission on quality of care for the mentally

disabled or any representative authorized by the chairperson of such

commission in any investigation or inspection conducted by the

department or commission on quality of care for the mentally disabled.

(d) permitting the commissioner or his or her authorized

representative and the commission on quality of care for the mentally

disabled or any representative authorized by the chairperson of such

commission to inspect its facility and all books and records, including

patient records, kept by it and to interview and examine any patient at

its facility except that no patient may be examined against his or her

will.