16.11 - Visitation and inspection of facilities.
§ 16.11 Visitation and inspection of facilities. (a) The commissioner shall provide for the periodic visitation and inspection of each facility. Inspections shall be made as frequently as the commissioner may deem necessary but in any event such inspections shall be made on at least two occasions during each calendar year, at least one of which shall be without prior notice, provided, however, that where, in the discretion of the commissioner, an operating certificate has been issued to a program with a history of compliance and a record of providing a high quality of care, the periodic inspection and visitation required by this subdivision shall be made at least once during each calendar year provided such visit shall be without prior notice. (b) The commissioner shall have the power to conduct investigations into the operations of any person or entity which holds an operating certificate issued by the office, into the operation of any facility or program issued an operating certificate by the office and into the operations, related to the provision of services regulated by this chapter, of any person or entity providing a residence for one or more unrelated persons who are mentally retarded or developmentally disabled. (c) In conducting an inspection or investigation, the commissioner or his authorized representative shall have the power to inspect facilities, conduct interviews of clients, interview personnel, examine and copy all records, including financial and medical records of the facility, and obtain such other information as may be required in order to carry out his responsibilities under this chapter. (d) In conducting any inspection or investigation under this chapter, the commissioner or his authorized representative is empowered to subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books or papers deemed relevant to the investigation, inspection, or hearing. A subpoena issued under this section shall be regulated by the civil practice law and rules. (e) The supreme court may enjoin persons or entities subject to inspection or investigation pursuant to this article to cooperate with the commissioner and to allow the commissioner access to facilities, records, clients and personnel as necessary to enable the commissioner to conduct the inspection or investigation. (f) All inspections and investigations shall be made by persons competent to conduct such activities. Information obtained by the commissioner in the course of such inspections and investigations shall be kept confidential in accordance with the provisions of this chapter and other applicable provisions of law.