New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 703 - Justice Center Facility And Provider Disclosure
Section 703.7 - Provider duties and responsibilities
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Facility and provider agencies shall respond to Justice Center inquiries and requests for records in a timely manner and to the extent disclosure is authorized by Federal and State law, and shall keep the Justice Center informed of any difficulties or delays in retrieving potentially responsive records.
(b) In providing records to the Justice Center for purposes of this Part, a facility or provider agency may use any appropriate means of transmittal, including electronic mail and electronic document transfers, taking appropriate measures to ensure confidentiality of communications. However, the Justice Center shall have access to the original records in possession of the facility or provider agency whenever it deems it necessary, taking into account the need for the facility or provider agency to maintain such records for provision of services to individuals in its care.
(c) The facility or provider agency shall produce any potentially responsive records to the records access officer of the Justice Center.
(d) The Justice Center shall advise the applicable State oversight agency when a facility or provider agency does not comply with their duties and responsibilities under this Part.
