Section 33.23. Incident notifications and reports  


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  • (a)  The  director  of  a  facility,  as defined in subdivision six of
      section 1.03 of this chapter,  shall  provide  telephone  notice  of  an
      incident  involving  a  patient  receiving  care  and  treatment at such
      facility  to  a  qualified  person,  as  defined  in  paragraph  six  of
      subdivision  (a)  of section 33.16 of this article. Such notice shall be
      provided  within  twenty-four  hours  of  the  initial  report  of  such
      incident.  For  the  purposes  of this section, "incident" shall mean an
      accident or injury that affects the health or safety of a patient.  Upon
      the  request  of a qualified person, the director shall promptly provide
      to him or her a copy of the written incident report, provided  that  the
      names  and  other  personally  identifying  information  of patients and
      employees shall not be  included  unless  such  patients  and  employees
      authorize  disclosure.  The director of the facility shall also offer to
      hold a meeting  with  such  qualified  person  to  further  discuss  the
      incident.  In  addition,  within  ten days, the director of the facility
      shall provide such qualified person with a written report on the actions
      taken to address the incident.
        (b) Whenever federal law or applicable federal  regulations  restrict,
      or  as  a  condition  for  the  receipt of federal aid require, that the
      release of records or information  pursuant  to  this  section  be  more
      restrictive  than  is  provided  under  this  section, the provisions of
      federal law or regulations shall be controlling.