§ 32.17 Certain duties of providers of services.\n It shall be the duty of every holder of an operating certificate to\nassist both the office and the commission on quality of care for the\nmentally disabled in carrying out their respective and joint regulatory\nfunctions by:\n (a) complying with the provisions of this chapter, other applicable\nfederal, state, and local laws, rules, and regulations, and the\nregulations of the commissioner.\n (b) consistent with federal and state confidentiality laws and\nregulations, making such reports as are required by the office as well\nas those necessary to provide notification to the district attorney or\nother appropriate law enforcement official and the commissioner or his\nor her authorized representative as soon as possible, or in any event\nwithin three working days, if it appears that a crime may have been\ncommitted by program personnel against a patient receiving services from\nsuch provider, and/or if a crime may have been committed by program\npersonnel against any person on such provider's premises, and making\nsuch other reports, uniform and otherwise, as are required by the\ncommissioner or his or her authorized representative with respect to its\noperations. Information obtained by the commissioner from the records of\npatients receiving services shall be kept confidential in accordance\nwith applicable federal and state confidentiality laws and regulations.\n (c) cooperating with the commissioner or his or her authorized\nrepresentative and the commission on quality of care for the mentally\ndisabled or any representative authorized by the chairperson of such\ncommission in any investigation or inspection conducted by the\ndepartment or commission on quality of care for the mentally disabled.\n (d) permitting the commissioner or his or her authorized\nrepresentative and the commission on quality of care for the mentally\ndisabled or any representative authorized by the chairperson of such\ncommission to inspect its facility and all books and records, including\npatient records, kept by it and to interview and examine any patient at\nits facility except that no patient may be examined against his or her\nwill.\n
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