Requirements for Reporting of Residential Patient Abuse – N.Y. Pub. Health Law § 2803-d

Whenever there is reasonable cause to believe that a person receiving care or services in a residential health care facility has been physically abused, mistreated, or neglected, it must be reported immediately by telephone and in writing within 48 hours to the department.  Individuals required to report such activity include:

• Any operator or employee of such facility, 
• Any person who, or employee of any corporation, partnership, organization or other entity which, is under contract to provide patient care services in such facility, 
• Any nursing home administrator, physician, medical examiner, coroner, physician's associate, specialist's assistant, osteopath, chiropractor, physical therapist, occupational therapist, registered professional nurse, licensed practical nurse, dentist, podiatrist, optometrist, pharmacist, psychologist, licensed master social worker, licensed clinical social worker, speech pathologist or audiologist.

Reports must include the following information:

• The identity of the person making the report and where he can be found; 
• 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 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 purposes of this section.  

Written reports will be admissible in evidence in any actions or proceedings relating to physical abuse, mistreatment or neglect of persons receiving care or services in residential health care facilities.