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This entry was published on 2014-09-22
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SECTION 33.25
Release of records pertaining to allegations and investigations of abuse and mistreatment
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 33
§ 33.25 Release of records pertaining to allegations and investigations

of abuse and mistreatment.

(a) Records and documents pertaining to allegations and investigations
into reportable incidents at a facility, as defined in subdivision six
of section 1.03 of this chapter, including but not limited to all
complaints and reports made pursuant to article eleven of the social
services law, shall be released to a qualified person, as defined in
paragraph six of subdivision (a) of section 33.16 of this article, upon
a written request by such qualified person. Such records and documents
shall be made available by the appropriate office within twenty-one days
of the conclusion of its investigation, provided that the names and
other personally identifying information of other patients and employees
shall not be included unless such patients and employees authorize
disclosure.

(b) Records and reports released in accordance with this section shall
be released pursuant to subdivision (b) of section 33.23 of this article
and shall not be further disseminated by the recipient, provided that a
recipient may share any records and reports with: (i) a health care
provider; (ii) a behavioral health care provider; (iii) law enforcement
if the recipient believes a crime has been committed; or (iv) the
recipient's attorney.

(c) A cover letter shall accompany records and reports released in
accordance with this section and shall state: PURSUANT TO SECTION 33.25
OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (i) A
HEALTH CARE PROVIDER; (ii) A BEHAVIORAL HEALTH CARE PROVIDER; (iii) LAW
ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN COMMITTED; OR (iv) YOUR
ATTORNEY.

(d) Nothing in this section shall prohibit the receipt, use or
dissemination of any such records, reports, information or results of
investigations or inquiry by any patient, former patient, or qualified
person or person or official specified in paragraph (i), (ii), (iii) or
(iv) of subdivision (b) of this section acting on behalf of any patient,
former patient or patient's estate, in any legal action or proceeding
brought by or on behalf of such patient, former patient or patient's
estate.