§ 33.25 Release of records pertaining to allegations and investigations\n of abuse and mistreatment.\n (a) Records and documents pertaining to allegations and investigations\ninto reportable incidents at a facility, as defined in subdivision six\nof section 1.03 of this chapter, including but not limited to all\ncomplaints and reports made pursuant to article eleven of the social\nservices law, shall be released to a qualified person, as defined in\nparagraph six of subdivision (a) of section 33.16 of this article, upon\na written request by such qualified person. Such records and documents\nshall be made available by the appropriate office within twenty-one days\nof the conclusion of its investigation, provided that the names and\nother personally identifying information of other patients and employees\nshall not be included unless such patients and employees authorize\ndisclosure.\n (b) Records and reports released in accordance with this section shall\nbe released pursuant to subdivision (b) of section 33.23 of this article\nand shall not be further disseminated by the recipient, provided that a\nrecipient may share any records and reports with: (i) a health care\nprovider; (ii) a behavioral health care provider; (iii) law enforcement\nif the recipient believes a crime has been committed; or (iv) the\nrecipient's attorney.\n (c) A cover letter shall accompany records and reports released in\naccordance with this section and shall state: PURSUANT TO SECTION 33.25\nOF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE\nFURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (i) A\nHEALTH CARE PROVIDER; (ii) A BEHAVIORAL HEALTH CARE PROVIDER; (iii) LAW\nENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN COMMITTED; OR (iv) YOUR\nATTORNEY.\n (d) Nothing in this section shall prohibit the receipt, use or\ndissemination of any such records, reports, information or results of\ninvestigations or inquiry by any patient, former patient, or qualified\nperson or person or official specified in paragraph (i), (ii), (iii) or\n(iv) of subdivision (b) of this section acting on behalf of any patient,\nformer patient or patient's estate, in any legal action or proceeding\nbrought by or on behalf of such patient, former patient or patient's\nestate.\n
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