OMH is sending out this reminder on Jonathan’s Law to correspond with our recent guidance release and the integration of Jonathan Law requirements in the New York State Incident Management Reporting System. As part of this release, we have created guidance for individuals and families to improve awareness of their rights under the law. Jonathan’s Law is a New York State law (MHL 33.23 & 33.25) that helps ensure individuals and families are informed when incidents occur that affect the health or safety of a person receiving services. Facilities operated, licensed, or certified by the Office of Mental Health must follow the requirements of Jonathan’s Law.
When an incident affects a patient’s health or safety, or a reportable incident occurs involving an allegation of abuse or neglect, wrongful conduct, missing patient, or death, the provider must notify the qualified person. In addition, a patient or qualified person has the right to request a meeting with the provider, as well as certain documents pertaining to the investigations of reportable incidents. Explanation of these rights shall be provided to the patient and qualified person in writing upon admission.
Jonathan’s Law Guidance for Individuals and Families and Jonathan’s Law Guidance for Providers can be found on the CRM Website.
How to Complete a Jonathan’s Law Entry in NIMRS can be found on the NIMRS Learning Center.
Please feel free to contact the Office of Quality Improvement with any questions at 518-474-3619 or at dqm@omh.ny.gov.