33.23 - Incident notifications and reports.

§ 33.23 Incident notifications and reports.    (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.