New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 524 - Incident Management Programs
Section 524.11 - Patient Death reporting

Current through Register Vol. 46, No. 39, September 25, 2024

(a) State operated or licensed mental health providers are responsible for reporting the death of a patient who was enrolled in or receiving services from the facility or program at the time of the death, or whose death was within 30 days of discharge from a mental health program

(b) Reports of patient death must be made in accordance with the following:

(1) Justice Center Medical Review Board:
(i) The Justice Center Medical Review Board must be notified of the death of a patient of a State operated or licensed mental health provider who was enrolled in or receiving services from the facility or program at the time of the death, or whose death occurred within 30 days of discharge from a mental health program.

(ii) Such notification must be made immediately upon discovery of the death, and in no event later than 24 hours thereafter in the form and format prescribed by the Justice Center, and shall include:
(a) the name and age of the deceased;

(b) the date, time, location and circumstances of the death;

(c) to the extent known, whether or not the death:
(1) was related to an accident;

(2) may have resulted from a suicide or homicide;

(3) may have resulted from a medication overdose, or the use of controlled substance or alcohol;

(4) occurred within 72 hours of the use of restraint or seclusion; or

(5) may be an unexplained death.

(iii) The Director or his/her designee shall submit any additional information requested by the Justice Center within 5 working days of such request, in the manner prescribed by the Justice Center.

(iv) In addition to the information submitted in accordance with subparagraph (iii) of this paragraph, a report of any autopsy performed on the decedent shall be submitted to the Justice Center within 60 working days of the report made to the Justice Center, provided, however, that the Justice Center may extend that timeframe for good cause shown.

(2) Coroner/medical examiner. The following shall be reported to the coroner/medical examiner:
(i) the death of a patient resulting from an apparent homicide, suicide, or unexplained or accidental cause;

(ii) the death of a patient which is unrelated to the natural course of illness or disease; or

(iii) the death of a patient which is related to the lack of treatment provided in accordance with generally accepted medical standards.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.