Section 81.4 - Contents of reports; procedures

81.4 Contents of reports; procedures.

(a) Reports of physical abuse, mistreatment or neglect made pursuant to this Part shall be made immediately by telephone and followed within 48 hours in writing to the New York State Department of Health, Office of Health Systems Management.

(b) The New York State Department of Health, Office of Health Systems Management shall maintain at all times a toll-free telephone line for the receipt of such reports.

(c) Written reports shall be made on forms supplied by the commissioner and shall include the following information: the identity of the person making the report and where he or she can be located; the name and address of the residential health care facility; the names of the operator and administrator of the facility, if known; the name of the subject of the alleged physical abuse, mistreatment or neglect, if known; the name of the person accused of committing the alleged physical abuse, mistreatment or neglect, if known; the nature and extent of the physical abuse, mistreatment or neglect; the date, time, and specific location of the occurrence; the names of next of kin or sponsors of the subject of the alleged physical abuse, mistreatment or neglect, if known; and any other information which the person making the report believes would be helpful to further the investigation. Written reports made other than on forms supplied by the commissioner which contain the information required herein shall be treated as if made on such forms. Such written reports shall be admissible in evidence, consistent with the provisions of this Part, in any actions or proceedings relating to physical abuse, mistreatment or neglect of persons receiving care or services in residential health care facilities.

(d) In any case where more than one person (as enumerated in section 2803-d of the Public Health Law) is required to report by law, a single telephone report followed by a single written report (as specified in subdivision (c) of this section) containing the names and signatures of those persons required to report will serve as proof that those persons required to report have complied.

(e) Each facility shall make available in a conspicuous public place such forms (as specified in subdivision (c) of this section) to patients, staff and visitors.

(f) Each facility shall be required to post conspicuously a poster, provided by the New York State Department of Health, Office of Health Systems Management, containing information regarding the filing of reports of physical abuse, mistreatment or neglect.
 

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