N.Y. Comp. Codes R. & Regs. tit. 18 § 433.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 433.8 - Incident review committees

Facilities or provider agencies shall establish an incident review committees pursuant to section 490(1)(f) of the Social Services Law.

(a) Such committee must be composed of members of the governing body of the facility or provider agency and other persons identified by the director of the facility or provider agency including some members of the following: direct support staff, licensed health care practitioners, service recipients and representatives of family, consumer and other advocacy organizations, but not the director of the facility or provider agency.

(b) Incident review committee requirements may be waived by the Office of Children and Family Services upon written application, based on size or the facility or provider agency or other relevant factors. Waivers granted by the Office of Children and Family Services shall be in accordance with rules and regulations issued by the Justice Center.

(c) An incident review committee shall meet regularly to:

(1) review the timeliness, thoroughness and appropriateness of the facility or provider agency's response to reportable incidents;

(2) recommend additional opportunities for improvement to the director of the facility or provider agency, if appropriate;

(3) review incident trends and patterns concerning reportable incidents;

(4) make recommendations to the director of the facility or provider agency to assist in reducing reportable incidents; and

(5) the facility or provider agency shall cooperate with the Justice Center or the Office of Children and Family Services in all investigations and provide access to the facility premises and all records.

(d) Members of the committee shall be trained in confidentiality laws and regulations and shall comply with section 74 of the Public Officers Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 433.8

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015