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Title: Section 1007.4 - General Provisions

Effective Date

01/31/2024

Section 1007.4 General Provisions

(a) The operator of a medical respite program must provide, through its employees, contractors and agents, an organized program that:

(1) Meets the operating standards set forth in this Part;

(2) Ensures the protection of recipient rights; and

(3) Promotes the social, physical and mental well-being of recipients.

(b) The operator of a medical respite program must maintain, make available for inspection and submit such statistical, financial, or other information, records or reports relating to the medical respite program as requested by and in the form specified by the Commissioner.

(c) Confidentiality.  Operators must maintain the confidentiality of facts and information obtained through its provision of medical respite services and maintained in the recipient’s records, which shall not be released to anyone other than the resident, the next of kin or authorized representative(s) of the resident, the managed care organization or other entity providing payment or funding for the medical respite services, the referral source, recipient’s health home, as applicable, and any other person or entity as determined necessary for the operator to perform care coordination, except as authorized by the recipient in writing. For the avoidance of doubt, operator shall not release facts and information obtained through its provision of medical respite services and maintained in the recipient’s records to any family member or friend of the recipient without the recipient’s expressed written authorization.

Statutory Authority

Public Health Law, Section 2999-hh

Volume

VOLUME E (Title 10)

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