N.Y. Mental Hygiene Law § 33.23: Incident notifications and reports

§ 33.23 Incident notifications and reports.

(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.