N.Y. Mental Hygiene Law § 33.25: Release of records pertaining to allegations and investigations of abuse and mistreatment

§ 33.25 Release of records pertaining to allegations and investigations

of abuse and mistreatment.

(a) Records and documents pertaining to allegations and investigations

into reportable incidents at a facility, as defined in subdivision six

of section 1.03 of this chapter, including but not limited to all

complaints and reports made pursuant to article eleven of the social

services law, shall be released to a qualified person, as defined in

paragraph six of subdivision (a) of section 33.16 of this article, upon

a written request by such qualified person. Such records and documents

shall be made available by the appropriate office within twenty-one days

of the conclusion of its investigation, provided that the names and

other personally identifying information of other patients and employees

shall not be included unless such patients and employees authorize

disclosure.

(b) Records and reports released in accordance with this section shall

be released pursuant to subdivision (b) of section 33.23 of this article

and shall not be further disseminated by the recipient, provided that a

recipient may share any records and reports with: (i) a health care

provider; (ii) a behavioral health care provider; (iii) law enforcement

if the recipient believes a crime has been committed; or (iv) the

recipient's attorney.

(c) A cover letter shall accompany records and reports released in

accordance with this section and shall state: PURSUANT TO SECTION 33.25

OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE

FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (i) A

HEALTH CARE PROVIDER; (ii) A BEHAVIORAL HEALTH CARE PROVIDER; (iii) LAW

ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN COMMITTED; OR (iv) YOUR

ATTORNEY.

(d) Nothing in this section shall prohibit the receipt, use or

dissemination of any such records, reports, information or results of

investigations or inquiry by any patient, former patient, or qualified

person or person or official specified in paragraph (i), (ii), (iii) or

(iv) of subdivision (b) of this section acting on behalf of any patient,

former patient or patient's estate, in any legal action or proceeding

brought by or on behalf of such patient, former patient or patient's

estate.