§ 33.23 Incident notifications and reports.\n (a) The director of a facility, as defined in subdivision six of\nsection 1.03 of this chapter, shall provide telephone notice of an\nincident involving a patient receiving care and treatment at such\nfacility to a qualified person, as defined in paragraph six of\nsubdivision (a) of section 33.16 of this article. Such notice shall be\nprovided within twenty-four hours of the initial report of such\nincident. For the purposes of this section, "incident" shall mean an\naccident or injury that affects the health or safety of a patient. Upon\nthe request of a qualified person, the director shall within ten days of\nsuch request, provide to the qualified person a copy of the written\nincident report, provided that the names and other personally\nidentifying information of patients and employees shall not be included\nunless such patients and employees authorize disclosure, offer to hold a\nmeeting with such qualified person to further discuss the incident, and\nprovide such qualified person with a written report on the actions taken\nto address the incident. The director may offer to provide all reports\nto the qualified person electronically.\n (b) Whenever federal law or applicable federal regulations restrict,\nor as a condition for the receipt of federal aid require, that the\nrelease of records or information pursuant to this section be more\nrestrictive than is provided under this section, the provisions of\nfederal law or regulations shall be controlling.\n
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