Provides that within ten days of an incident, the director shall provide to the qualified person a copy of the written incident report, offer to hold a meeting with such qualified person to discuss the incident, and provide such qualified person with a written report on the actions taken to address the incident; further provides for the director to provide such reports electronically.
STATE OF NEW YORK
________________________________________________________________________
6682
2019-2020 Regular Sessions
IN SENATE
September 4, 2019
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to incident notifi-
cations and reports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 33.23 of the mental hygiene law,
2 as added by chapter 24 of the laws of 2007, is amended to read as
3 follows:
4 (a) The director of a facility, as defined in subdivision six of
5 section 1.03 of this chapter, shall provide telephone notice of an inci-
6 dent involving a patient receiving care and treatment at such facility
7 to a qualified person, as defined in paragraph six of subdivision (a) of
8 section 33.16 of this article. Such notice shall be provided within
9 twenty-four hours of the initial report of such incident. For the
10 purposes of this section, "incident" shall mean an accident or injury
11 that affects the health or safety of a patient. [Upon the request of a
12 qualified person] Within ten days of the incident, the director shall
13 [promptly] provide to [him or her] the qualified person a copy of the
14 written incident report, provided that [the names and other] personally
15 identifying information of patients and employees shall not be included
16 unless such patients and employees authorize disclosure[. The director
17 of the facility shall also], offer to hold a meeting with such qualified
18 person to further discuss the incident[. In addition, within ten days,
19 the director of the facility shall], and provide such qualified person
20 with a written report on the actions taken to address the incident. The
21 director may offer to provide all reports to the qualified person elec-
22 tronically.
23 § 2. This act shall take effect on the ninetieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13691-02-9