§ 32.17 Certain duties of providers of services.

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.