2023 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).