N.Y. Comp. Codes R. & Regs. tit. 14 § 836.8

Current through Register Vol. 46, No. 38, September 18, 2024

Section 836.8 - Additional notice and reporting requirements for reportable incidents

(a) Subject to the provisions of 42 CFR Part 2, in addition to any other notice provisions required in this Part, notification of reportable incidents involving a client must be made pursuant to section 33.23 of the Mental Hygiene Law by the director or designee to the client's family or significant other, designated emergency contact, or other qualified person. Such notification must be made by telephone or secure electronic method immediately after an incident is discovered.

(b) If it appears that a crime may have been committed against any custodian or service recipient, the provider must immediately make such reports as are necessary to provide notification to the appropriate law enforcement agency of the incident. A provider may disclose client-identifying information to the appropriate law enforcement agency only when such disclosure:

(1) is directly related to a client's commission of a crime on the premises of the program or a threat to commit such a crime; and

(2) is limited to the circumstances of the incident, including the status of the individual committing or threatening to commit the crime, and such individual's name and address.

(c) In the event of a client's death in an inpatient or residential program under any circumstances or within 30 days of such client's discharge, immediate notification must be made to both the VPCR and the Justice Center's Mortality Review Unit (subject to the provisions of 42 CFR Part 2), the process for which can be found on the Justice Center's website, the local coroner or medical examiner, or any other state or local agency identified under state laws requiring the collection of health or other vital statistics.

(d) In addition to reporting requirements of subdivision (a) of this section, in the case of a missing client the provider's policies and procedures and missing client reports must indicate that the appropriate supervisory staff member was notified immediately. If such supervisor deemed it necessary, a diligent search must be made by staff of the physical plant, grounds and surroundings. Telephone inquiries may be made to the person's home or any other appropriate location, provided such calls are made in such manner so as not to violate confidentiality requirements of 42 CFR Part 2. Incident reports of a missing client must state the efforts made to locate the client as well as the outcome of such efforts.

(e) Nothing herein shall require staff to submit a report to a provider's director or designee if such director or designee is alleged to have committed the reportable or significant incident or to be directly involved in the alleged reportable or significant incident. If the director or director's designee is alleged to have committed the reportable or significant incident or to be directly involved in the alleged reportable or significant incident, staff members as mandated reporters as defined in section 836.4 of this Part must report such allegations only to the VPCR and the Office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 836.8

Adopted New York State Register December 9, 2015/Volume XXXVII, Issue 49, eff. 11/20/2015

Amended New York State Register July 27, 2016/Volume XXXVIII, Issue 30, eff. 7/27/2016

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022