What is the name of your state (only U.S. law)? Y
I filed a complaint back in 2007 with OPMC regarding the care of my father (NY State). The hospital received violations as a result of this investigation and I was able to FOIL the corresponding report that had the interview notes surrounding those involved. The nurse who cared for my father was no longer with the hospital thus they didn't interview him. I was able to locate him and OPMC did a follow up interview with the nurse afterwards. I have attempted to FOIL the interview notes of the nurse however OPMC came back stating that I was not entitled to the records due to PHL 2805-M. I am in the process of sending an appeal letter back to them but I am unsure which PHL gives the FOIL requester the right to view these interview notes since they should have been included in the original investigation report and due to the fact that OPMC was not ambitious enough to locate the nurse should not prevent me from receiving these interview notes. Plus these interview notes would have imposed more violations upon the hospital since the interviewer told me the nurse was deficient in the care of my father but she didn't have jurisdiction over him. She never forwarded this to the nurses division and swept it under the carpet. Thanks in advance.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPBH+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24579027+&TARGET=VIEW
I filed a complaint back in 2007 with OPMC regarding the care of my father (NY State). The hospital received violations as a result of this investigation and I was able to FOIL the corresponding report that had the interview notes surrounding those involved. The nurse who cared for my father was no longer with the hospital thus they didn't interview him. I was able to locate him and OPMC did a follow up interview with the nurse afterwards. I have attempted to FOIL the interview notes of the nurse however OPMC came back stating that I was not entitled to the records due to PHL 2805-M. I am in the process of sending an appeal letter back to them but I am unsure which PHL gives the FOIL requester the right to view these interview notes since they should have been included in the original investigation report and due to the fact that OPMC was not ambitious enough to locate the nurse should not prevent me from receiving these interview notes. Plus these interview notes would have imposed more violations upon the hospital since the interviewer told me the nurse was deficient in the care of my father but she didn't have jurisdiction over him. She never forwarded this to the nurses division and swept it under the carpet. Thanks in advance.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLPBH+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=24579027+&TARGET=VIEW