Section 32.17. Certain duties of providers of services  


Latest version.
  • It  shall  be  the duty of every holder of an operating certificate to
      assist both the office and the commission on quality  of  care  for  the
      mentally  disabled in carrying out their respective and joint regulatory
      functions by:
        (a) complying with the provisions of this  chapter,  other  applicable
      federal,  state,  and  local  laws,  rules,  and  regulations,  and  the
      regulations of the commissioner.
        (b)  consistent  with  federal  and  state  confidentiality  laws  and
      regulations,  making  such reports as are required by the office as well
      as those 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 by program personnel against a patient receiving services from
      such provider, and/or if a crime may  have  been  committed  by  program
      personnel  against  any  person  on such provider's premises, and making
      such other reports, uniform  and  otherwise,  as  are  required  by  the
      commissioner or his or her authorized representative with respect to its
      operations. Information obtained by the commissioner from the records of
      patients  receiving  services  shall  be kept confidential in accordance
      with applicable federal and state confidentiality laws and regulations.
        (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  chairperson  of  such
      commission   in   any  investigation  or  inspection  conducted  by  the
      department or commission on quality of care for the mentally disabled.
        (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  chairperson  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 patient may be examined against his or her
      will.