Section 81.5 - Investigation and determination

81.5 Investigation and determination.

(a) Upon receipt of a report made pursuant to this section, the New York State Department of Health, Office of Health Systems Management, shall initiate within 48 hours an onsite investigation of the allegations contained in the report.

(b) Notification of the receipt of a report shall be made immediately by the New York State Department of Health, Office of Health Systems Management, to the appropriate district attorney, if a prior standing request in writing has been made to the department by the district attorney.

(c) Prior to the completion of the investigation by the New York State Department of Health, Office of Health Systems Management, every reasonable effort shall be made to notify, personally or by certified mail, any person under investigation for having committed an act of physical abuse, mistreatment or neglect.

(d) The commissioner shall make a written determination, based on the findings of the investigation, of whether or not sufficient credible evidence exists to sustain the allegations contained in the report or supports a conclusion that a person not named in such report has committed an act of physical abuse, neglect or mistreatment.

(1) A copy of such written determination, together with a notice of the right to a hearing as provided in this subdivision, shall be sent by registered or certified mail to each person who the commissioner has determined has committed an act of physical abuse, neglect or mistreatment.

(2) A letter shall be sent to any other person alleged in such report to have committed such an act stating that a determination has been made that there is not sufficient evidence to sustain the allegations relating to such person.

(3) A copy of each such determination and letter shall be sent to the facility in which the alleged incident occurred.

(e) The commissioner may make a written determination, based on the findings of the investigation, that sufficient credible evidence exists to support a conclusion that a person required by this section to report physical abuse, mistreatment or neglect had reasonable cause to believe that such an incident occurred and failed to report such incident. A copy of such written determination, together with a notice of the right to a hearing as provided in this Part, shall be sent by registered or certified mail to each person who the commissioner has determined has failed to report as required by this Part.

(f) All information relating to any allegation which the comimssioner has determined is not sustained shall be expunged as provided in section 81.1 of this Part. Whenever information is expunged, the commissioner shall notify any official notified pursuant to this section that the information has been expunged.
 

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