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 836.9 - Recordkeeping and release of records to qualified persons

Universal Citation: 14 NY Comp Codes Rules and Regs § 836.9

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

(a) A copy of each incident report including identifying information must be kept on file at the program for a minimum of six (6) years and must be subject to inspection and review by the Office or the Justice Center.

(b) Copies of the minutes and summaries of the Incident Review Committee must be kept on file at the program for a minimum of six (6) years and must be subject to inspection and review by the Office or the Justice Center.

(c) Subject to the provisions of 42 CFR Part 2, records and reports released in accordance with this Part shall be released to qualified persons pursuant to subdivision (b) of section 33.23 of the Mental Hygiene Law, section 33.25 of the Mental Hygiene Law, and shall include a statement that such records and reports shall not be further disseminated by the recipient except as provided by law.

(d) Subject to the provisions of 42 CFR Part 2, upon the written request of a qualified person, the director of the program must:

(1) promptly provide to such qualified person a copy of the written incident report, provided the names and other personally identifying information of clients and employees shall not be included unless such clients and employees authorize such disclosure;

(2) offer to hold a meeting with such qualified person to further discuss the incident; and

(3) provide such qualified person with a written report on the actions taken to address the incident within 10 days of discovery of the incident;

(4) release, within 21 days of the conclusion of any investigation, records and documents pertaining to allegations and investigations into client abuse or mistreatment at a program.

(e) Providers are required to cooperate with Justice Center investigations of abuse or neglect and significant incidents by making related records available upon the request of authorized investigators.

(f) Providers are required to cooperate with the Justice Center in making records relating to abuse and neglect available for disclosure pursuant to subdivision (6) of section 490 of the social services law.

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