N.Y. Comp. Codes R. & Regs. tit. 10 § 763.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 763.14 - Records and reports

(a) The governing authority shall ensure that:

(1) copies of the following current records are retained on file at the principal administrative office of the agency within its approved geographic service area:

(i) the certificate of incorporation and any amendments thereto, the partnership agreement and the certificate of doing business under an assumed name, if applicable;

(ii) the operating certificate;

(iii) all contracts and other agreements pertaining to the operation of the agency;

(iv) rules and bylaws of the governing authority and/or other authority, if applicable;

(v) operating policies and procedures and relevant determinations and interpretations;

(vi) a patient roster;

(vii) a listing of all personnel;

(viii) copies of all notices and documents required to be filed with the Securities and Exchange Commission; and

(ix) any other licenses, permits and certificates required by law for the operation of the agency;

(2) copies of the documents required under subparagraphs (1)(v), (vi) and (vii) of this subdivision are retained at each branch office of the agency. The listing of personnel and patients should be specific to each branch office;

(3) the following reports and records are retained by the agency and copies are furnished to the department immediately upon request:

(i) minutes of the meetings of the governing authority and the committees thereof which shall be retained for three years from the date of the meeting;

(ii) records of all financial transactions which shall be retained eight years from the date of the transaction;

(iii) personnel records, which shall be retained six years from the date of termination or resignation;

(iv) records of grievances, complaints and appeals, which shall be retained three years from resolution;

(v) all records related to patient care and services; and

(vi) other such records and reports as may be required by the department;

(4) all records required by paragraph (3) of this subdivision to be retained are maintained in hard copy or electronic form. If electronic storage is maintained, such records shall:

(i) be secure from unwarranted access;

(ii) have confidentiality protected, when appropriate; and

(iii) be immediately available to the agency and the department in hard copy format upon request.

(b) The agency shall furnish annually to the department a copy of:

(1) the listing of charges for all services offered;

(2) statistical summaries of all services provided, including patient specific information and discharge summary data;

(3) if a for-profit corporation, a list of the directors, officers and principal shareholders and the number and percent of the total issued and outstanding shares of the corporation held by each, duly certified by the secretary of the corporation as to completeness and accuracy;

(4) if a not-for-profit corporation, a list of corporate members, directors and officers; and

(5) other such records and reports as may be required by the department.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 763.14