N.Y. Comp. Codes R. & Regs. tit. 14, § 704.6 – Authorization to establish exemption from incident review committee requirement and relevant factors.

(a) Each State oversight agency is authorized to establish in its discretion an exemption from the incident review committee requirement and grant an exemption from the requirement pursuant to paragraph (f) of subdivision (1) of section 490 of the Social Services Law when appropriate.
(b) State oversight agencies that authorize an exemption to the incident review committee requirement may consider the following in determining whether to grant a facility or provider agency an exemption including, but not limited to:
1. (1) size of the facility or provider agency, nature of the program, size of the program, and whether the program is a seasonal program or is operational year round; and, if the program is a seasonal program, the length of the season;
2. (2) existence of a larger parent facility or agency, or a parent facility or agency with a year round presence that can form an incident review committee.
(c) In order to authorize an exemption from the incident review committee requirement, risk of harm to the vulnerable person must be considered, and a determination must be made that compliance with the requirement would result in undue hardship to the facility or provider agency.