31.11 - Certain duties of providers of services.

§ 31.11 Certain duties of providers of services.    It  shall  be the duty of every holder of an operating certificate, or  program funded or administered by the office of mental health to  assist  the  department  and  the commission on quality of care for the mentally  disabled in carrying  out  their  respective  regulatory  and  oversight  functions by:    1.  complying  with  the  applicable provisions of this chapter, other  applicable laws, and the regulations of the commissioner.    2. 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 patient 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  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 patients receiving services shall be kept confidential in  accordance  with the provisions of this chapter.    3.  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  department  of  mental  hygiene or commission on quality of care for the  mentally disabled.    4. 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 patient records, kept by  it and to interview and examine any patient at its facility except  that  no such patient may be examined against his or her will.    5.  providing,  to  the  office  of mental health, in a form or format  requested by the commissioner, records requested by such office relating  to persons as described in subdivision  (j)  of  section  7.09  of  this  chapter who may be disqualified from possessing a firearm pursuant to 18  USC 922(4)(d).