NY Ment Hygiene L § 31.11 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 31 - Regulation and Quality Control of Services for the Mentally Disabled 31.11 - Certain Duties of Providers of Services.

§ 31.11 Certain duties of providers of services.It  shall  be the duty of every holder of an operating certificate, or   program funded or administered by the office of mental health to  assist   the  department  and  the commission on quality of care for the mentally   disabled in carrying  out  their  respective  regulatory  and  oversight   functions by:1.  complying  with  the  applicable provisions of this chapter, other   applicable laws, and the regulations of the commissioner.2. making such reports as are necessary to provide notification to the   district attorney or other appropriate law enforcement official and  the   commissioner  or  his  or  her  authorized  representative  as  soon  as   possible, or in any event within three working days, if it appears  that   a  crime  may  have  been committed against a patient receiving services   from such provider,  unless  it  appears  that  the  crime  includes  an   employee,  intern, volunteer, consultant, contractor, or visitor and the   alleged conduct caused physical injury or the  patient  was  subject  to   unauthorized  sexual  contact, or if it appears the crime is endangering   the welfare of an incompetent or physically disabled person pursuant  to   section  260.25  of  the penal law, or if the crime was any felony under   state or federal law, then the district attorney  or  other  appropriate   law enforcement official must be contacted immediately, and in any event   no  later  than  twenty-four  hours  and such other reports, uniform and   otherwise, as are required by the commissioner or his or her  authorized   representative  with  respect  to its operations. If there is reasonable   cause to believe that the crime against the client may have occurred  in   a facility or program of any other service provider licensed, certified,   funded  or  operated  by  a  state  agency,  the  administrator or chief   executive officer of such other service provider shall also be  notified   as soon as possible, or in any event within three working days. Provided   however, nothing herein shall require such report to an administrator or   chief  executive  officer of a provider who is alleged to have committed   the crime. The commissioner may execute a  memorandum  of  understanding   with the commissioners of other appropriate state agencies to ensure the   coordination  and cooperation of such agencies and providers of services   with regard to the  conduct  of  any  investigation  and  prevention  of   unnecessary  duplicative  investigations resulting from the report of an   alleged crime that may have occurred in a facility or program of another   service provider.  Information  obtained  by  the  commissioner  or  the   commission on quality of care for the mentally disabled from the records   of  patients receiving services shall be kept confidential in accordance   with the provisions of this chapter.3.  cooperating  with  the  commissioner  or  his  or  her  authorized   representative  and  the  commission on quality of care for the mentally   disabled  or  any  representative  authorized  by  the  chair  of   such   commission   in   any  investigation  or  inspection  conducted  by  the   department of mental hygiene or commission on quality of  care  for  the   mentally disabled.4. permitting the commissioner or his or her authorized representative   and  the  commission on quality of care for the mentally disabled or any   representative authorized by the chair of such commission to inspect its   facility and all books and records, including patient records,  kept  by   it  and to interview and examine any patient at its facility except that   no such patient may be examined against his or her will.5. providing, to the office of mental health,  in  a  form  or  format   requested by the commissioner, records requested by such office relating   to  persons  as  described  in  subdivision  (j) of section 7.09 of this   chapter who may be disqualified from possessing a firearm pursuant to 18   USC 922(4)(d).