New York Mental Hygiene Law
Incident Notifications and Reports
33.23 Incident notifications and reports.
(a) The director of a facility, as defined in subdivision six of section 1.03 of this chapter, shall provide telephone notice of an incident involving a patient receiving care and treatment at such facility to a qualified person, as defined in paragraph six of subdivision (a) of section 33.16 of this article. Such notice shall be provided within twenty-four hours of the initial report of such incident. For the purposes of this section, “incident” shall mean an accident or injury that affects the health or safety of a patient. Upon the request of a qualified person, the director shall promptly provide to him or her a copy of the written incident report, provided that the names and other personally identifying information of patients and employees shall not be included unless such patients and employees authorize disclosure. The director of the facility shall also offer to hold a meeting with such qualified person to further discuss the incident. In addition, within ten days, the director of the facility shall provide such qualified person with a written report on the actions taken to address the incident.
(b) Whenever federal law or applicable federal regulations restrict, or as a condition for the receipt of federal aid require, that the release of records or information pursuant to this section be more restrictive than is provided under this section, the provisions of federal law or regulations shall be controlling.