Section 16.13. Duties of providers of services  


Latest version.
  • It  shall  be  the  duty  of  every holder of an operating certificate
      issued pursuant to this article or organization whose  incorporation  or
      activities  require  the approval of the commissioner, or program funded
      or administered by the office to assist such office and  the  commission
      on  quality  of  care  for  the  mentally disabled in carrying out their
      respective regulatory and oversight functions by:
        (a) Complying with the applicable provisions of  this  chapter,  other
      applicable laws, and the regulations of the commissioner.
        (b)  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 client receiving services from
      such  provider,  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
      cost-effective  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 clients receiving services  shall  be  kept
      confidential in accordance with the provisions of this article.
        (c)  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 office or
      such commission.
        (d)  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
      financial records and client records, kept by it and  to  interview  and
      examine  any  client  at  its facility except that no such client may be
      examined against his or her will.