New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services
Section 836.10 - Duty to cooperate and inspection of facilities

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 836.10

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

(a) Subject to the provisions of 42 CFR Part 2, as part of an investigation of abuse or neglect, a service provider must cooperate with any investigation or inspection conducted by the Office or the Justice Center, or any representative thereof to the extent necessary to carry out the functions, power, and duties of the Justice Center. Such cooperation shall include at a minimum to allow the Office and/or the Justice Center to inspect its facility and all relevant books, data and records, including but not limited to, client or resident records, kept by such provider, to submit to the Justice Center any relevant records requested pursuant to Justice Center regulations, and to interview and examine any client or resident at its facility except that no such client or resident shall be examined without their consent. Such data includes:

(i) for the subject of an investigation of abuse or neglect, the alleged subject's name, date of birth, social security number or alien registration number, physical or residential address and, if different, his or her mailing address;

(ii) for a service recipient alleged to be the victim of an allegation of abuse or neglect, the alleged victim's date of birth and mailing address; whether the alleged victim is a self-advocate or has a personal representative as defined in this Part and the mailing address of any such personal representative.

(b) Failure of a service provider to provide requested data, records or information shall be reported to the Office which may impose a fine, and/or suspend, revoke or limit the provider's operating certificate and/or take any other appropriate action in accordance with applicable law or regulation.

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