2012 New York Consolidated Laws
SOS - Social Services
Article 11 - (488 - 497) PROTECTION OF PEOPLE WITH SPECIAL NEEDS
490 - Incident management programs.

 
    * § 490. Incident management programs. 1. Each state oversight agency,
  as defined in this article, shall promulgate regulations approved by the
  justice center, that contain procedures and requirements consistent with
  guidelines and standards developed by the justice center, addressing the
  following  issues  relating to an incident management program; provided,
  however, that regulations of the state education department need not  be
  approved  by  the justice center, but shall be developed in consultation
  with the justice center:
    (a) all reportable incidents are identified and reported in  a  timely
  manner in accordance with this article;
    (b) all reportable incidents are promptly investigated;
    (c) individual reportable incidents, and incident patterns and trends,
  are  reviewed  to  identify  and  implement  preventive  and  corrective
  actions,  which  may  include,  but  shall  not  be  limited  to,  staff
  retraining  or  any  appropriate  disciplinary  action allowed by law or
  contract, as well as opportunities for improvement;
    (d) patterns and trends in the reporting and response  to  allegations
  of reportable incidents are reviewed and plans of improvement are timely
  developed based on such reviews;
    (e)  information  regarding  individual reportable incidents, incident
  patterns and trends, and  patterns  and  trends  in  the  reporting  and
  response  to  reportable incidents is shared, consistent with applicable
  law, with the justice center, in the form and  manner  required  by  the
  justice  center  and,  for  facilities or provider agencies that are not
  state operated, with the applicable state oversight agency  which  shall
  provide such information to the justice center; and
    (f)  incident  review  committees  are established; provided, however,
  that the regulations may authorize an exemption from  this  requirement,
  when  appropriate,  based on the size of the facility or provider agency
  or other relevant factors. Such committees shall be composed of  members
  of  the  governing  body  of  the  facility or provider agency and other
  persons identified by the director of the facility or  provider  agency,
  including  some members of the following: direct support staff, licensed
  health care practitioners, service  recipients  and  representatives  of
  family,  consumer and other advocacy organizations, but not the director
  of the facility or provider agency. Such committee shall meet  regularly
  to:  (i)  review the timeliness, thoroughness and appropriateness of the
  facility or provider agency's responses to  reportable  incidents;  (ii)
  recommend  additional  opportunities  for improvement to the director of
  the facility or provider agency, if appropriate; (iii)  review  incident
  trends  and  patterns  concerning  reportable  incidents;  and (iv) make
  recommendations to the director of the facility or  provider  agency  to
  assist  in reducing reportable incidents. Members of the committee shall
  be trained in confidentiality laws and  regulations,  and  shall  comply
  with section seventy-four of the public officers law.
    2.  Notwithstanding  any  other  provision  of  law,  except as may be
  provided by section 33.25 of the mental hygiene law, records, reports or
  other information maintained by  the  justice  center,  state  oversight
  agencies,  delegate  investigatory entities, and facilities and provider
  agencies regarding the deliberations of  an  incident  review  committee
  shall  be  confidential,  provided that nothing in this article shall be
  deemed to diminish or otherwise derogate the legal privilege afforded to
  proceedings, records, reports or other information relating to a quality
  assurance function, including the investigation of an incident  reported
  pursuant  to  section  29.29  of  the mental hygiene law, as provided in
  section sixty-five  hundred  twenty-seven  of  the  education  law.  For
  purposes  of this section, a quality assurance function is a process for

  systematically monitoring and evaluating various aspects of  a  program,
  service or facility to ensure that standards of care are being met.
    3.  No  member  of  an  incident review committee performing a quality
  assurance function shall be  permitted  or  required  to  testify  in  a
  judicial  or administrative proceeding with respect to quality assurance
  findings,  recommendations,  evaluations,  opinions  or  actions  taken,
  except  that  this  provision  is  not  intended  to  relieve  any state
  oversight agency, delegate investigatory entity,  facility  or  provider
  agency,  or an agent thereof, from liability arising from treatment of a
  service recipient.
    4. There shall be no monetary liability on the part of, and  no  cause
  of  action  for  damages  shall  arise against, any person on account of
  participating  in  good  faith  and  with   reasonable   care   in   the
  communication  of  information  in  the  possession of such person to an
  incident review committee,  or  on  account  of  any  recommendation  or
  evaluation  regarding  the conduct or practices of any custodian that is
  made in good faith and with reasonable care.
    5. With respect to the implementation of incident management plans  in
  residential  schools  or  facilities  located outside of New York state,
  each state oversight agency shall require that: (a) the justice  center,
  the  applicable  state  oversight  agency  and any local social services
  district and/or local educational agency placing an individual with such
  facility  or  school  or  state  agency  funding  the  placement  of  an
  individual or student be notified immediately of any allegation of abuse
  or neglect involving that individual or student; (b) an investigation be
  conducted  by the justice center, or where that is not practicable, by a
  state agency or other  entity  authorized  or  required  to  investigate
  complaints  of abuse or neglect under the laws of the state in which the
  facility  or  school  is  located;  and  (c)  the   findings   of   such
  investigation be forwarded to the justice center and each placing entity
  or  funding  agency  in  New  York  state within ninety days. Failure to
  comply with the requirements  of  this  section  shall  be  grounds  for
  revocation  or suspension of the license or approval of the out of state
  facility or school.
    6. Records of facilities or provider agencies not otherwise subject to
  article six of the public officers  law  shall  be  made  available  for
  public  inspection  and  copying,  when such records relate to abuse and
  neglect of vulnerable persons, to the same  extent  that  those  records
  would  be  available  from  a  state agency, as defined in such article.
  Requests for such records shall  be  made  in  writing  to  the  justice
  center. The justice center may deny access to records of such facilities
  or  provider  agencies,  or  portions  thereof,  that the justice center
  determines would be exempt from disclosure by a state agency pursuant to
  such article. The requesting party may appeal a denial of access to such
  records to the executive director of the justice  center.  A  requesting
  party denied access to a record in such appeal determination may bring a
  proceeding  for  review of such denial pursuant to article seventy-eight
  of the civil practice law and  rules.  The  executive  director  of  the
  justice   center  shall  promulgate  regulations,  consistent  with  the
  provisions of article six of the public officers law providing  for  the
  prompt  response  to  such  requests.  Facilities  or  provider agencies
  covered by this subdivision shall cooperate with the justice center  and
  provide any records that the justice center deems subject to disclosure.
    * NB Effective June 30, 2013