2023 New York Laws › EXC - Executive › Article 20 - Protection of People With Special Needs › 558 - Access to Records and Facilities.

§  558.  Access to records and facilities. (a) The justice center must
be granted access at any and all  times  to  any  facility  or  provider
agency   as   defined  in  subdivision  four  of  section  four  hundred
eighty-eight of the social services law, and,  consistent  with  federal
law,  to all books, records, and data pertaining to any such facility or
provider agency deemed necessary for carrying out the  justice  center's
functions,  powers and duties. The justice center or any employee of the
justice center designated by the executive director may require from the
officers or employees of such facility or provider agency  or  from  the
commissioners  of the state oversight agencies as defined in subdivision
four-a of such section four hundred eighty-eight of the social  services
law,  any  information  deemed necessary for the purpose of carrying out
the justice center's functions, powers and duties,  including  otherwise
confidential  information and such entities shall be required to provide
such requested information. The executive director or  any  employee  of
the justice center designated by the executive director may require from
any hospital, as defined under article twenty-eight of the public health
law,  any  information,  report  or  record necessary for the purpose of
carrying out the functions, powers and  duties  of  the  justice  center
related  to  the  investigation  of  deaths  and  complaints of abuse or
neglect concerning vulnerable persons who  have  been  treated  at  such
hospitals,  and  from  any adult care facility as defined in subdivision
twenty-one of section two of the social services law, such  information,
report  or  record,  including access to such facility necessary for the
purpose of carrying out the functions, powers and duties of the  justice
center  related  to  the  investigation of deaths concerning patients of
mental  hygiene  facilities  who  resided  at  such   residential   care
facilities  at  the time of their death or were former residents of such
residential care facilities and the justice center determines that  such
information,  report  or  record  is necessary for the completion of its
investigation.  Such  hospitals  and  adult  care  facilities  shall  be
required  to  provide  such  requested information, reports, records and
access. The results of investigations involving such residents of  adult
care  facilities  shall  be provided promptly to the commissioner of the
department of health and shall  be  treated  as  a  record  or  personal
information  within  the  meaning  of  section  ninety-six of the public
officers law and shall not be disclosed except in accordance  with  such
section  ninety-six.  Information,  books,  records  or  data  which are
confidential as provided by  law  shall  be  kept  confidential  by  the
justice center and any limitations on the release thereof imposed by law
upon  the party furnishing the information, books, records or data shall
apply to the justice center except  as  may  otherwise  be  provided  by
article eleven of the social services law.
* (b)  (i)  The  governor  shall  designate  an  independent public or
private  agency,  hereinafter  "independent  agency",  to  conduct   and
coordinate  the  protection and advocacy and client assistance programs,
as established by federal  law  to  provide  federal  oversight  of  the
state's  system of care for individuals with disabilities, as defined in
federal laws and  to  assist  such  persons  with  accessing  vocational
rehabilitation  services.  For purposes of this subdivision, individuals
with disabilities shall have the same meaning  as  provided  by  federal
laws.    The  agency  designated  must  have  professional experience in
empowering, protecting and advocating  on  behalf  of  individuals  with
disabilities.    Such  agency  shall  be  independent of any agency that
provides treatment, services or rehabilitation to individuals covered by
such protection and advocacy and  client  assistance  programs.  To  the
extent  permitted  by  federal  law,  the  independent  agency  shall be
governed by a board, a  majority  of  the  members  of  which  shall  be

individuals  with  disabilities,  parents,  family  members,  guardians,
advocates,   or   authorized   representatives   of   individuals   with
disabilities.
(ii)   The   independent  agency  shall  conduct  and  coordinate  the
protection and advocacy and client assistance programs,  as  established
by  federal  law  to provide oversight of the state's system of care for
individuals with  disabilities  and  to  assist  such  individuals  with
accessing  vocational  and  rehabilitation  services,  including but not
limited to:
(A) Providing  information,  referrals  and  technical  assistance  to
address the needs of individuals with disabilities;
(B)  Pursuing  legal, administrative and other appropriate remedies or
approaches to ensure the protection of and advocacy for  the  rights  of
individuals with disabilities;
(C)  Investigating  incidents of abuse and neglect of individuals with
disabilities if the incidents are reported to the independent agency  or
if there is probable cause to believe that the incidents occurred; and
(D)  Establishing  a  grievance  procedure  for clients or prospective
clients of the system to ensure that individuals with disabilities  have
full access to services of the system.
(iii)  Pursuant  to the requirements of federal law, upon receipt of a
complaint of an incident of abuse or neglect of  an  individual  with  a
disability,  or  if  there  is  probable  cause  to believe that such an
incident occurred, the independent agency shall have prompt  access,  at
reasonable   times:  to  any  facility  or  part  thereof  serving  such
individual that is operated, certified or  licensed  by  any  office  or
agency of the state; to all books, records and data pertaining to such a
facility;  to  such  individual with a disability in a location in which
services, supports and other assistance are provided to such individual;
to records of a facility or provider agency concerning such  individual;
and   to   any   other  records  that  are  relevant  to  conducting  an
investigation. The independent agency also shall have access to  records
of  the  justice center as set forth in paragraph (f) of subdivision one
and paragraph (y) of subdivision two of section four hundred  ninety-six
of the social services law.
(iv)  All  records  and  documents  received by the independent agency
shall be received subject to any confidentiality requirements applicable
pursuant to state and federal law.
(v) The governor  shall  be  authorized  to  re-designate  the  agency
implementing  the  protection and advocacy program and client assistance
programs only if there is good  cause  for  the  re-designation  and  in
accordance with federal requirements.
(vi)   The  independent  agency  may  assist  in  the  development  of
residential councils at facilities and programs.
(vii) To the extent  consistent  with  federal  law,  the  independent
agency  shall  make  copies  of  any  of  its  reports  available to the
governor, the temporary president of the senate and the speaker  of  the
assembly.
(viii)  The  independent agency shall take affirmative steps to assure
that its programs and services are geographically representative of  the
state  and,  to  the  extent  practicable,  ensure  regional access, and
reflect the diversity of the state with respect to race and ethnicity.
* NB  Effective  upon  filing   the   Governor's   final   notice   of
re-designation
(c) In the exercise of its functions, powers and duties, the executive
director  and  any  employee  designated  by him or her is authorized to
issue and enforce  a  subpoena  and  a  subpoena  duces  tecum,  conduct

hearings, administer oaths and examine persons under oath, in accordance
with and pursuant to civil practice law and rules.
(d)  In  any case where a person in charge or control of such facility
or an officer  or  employee  thereof  shall  fail  to  comply  with  the
provisions  of  subdivision  (a) of this section, the justice center may
apply to the  supreme  court  for  an  order  directed  to  such  person
requiring  compliance  therewith.  Upon  such  application the court may
issue such order as may be just and a failure to comply with  the  order
of the court shall be a contempt of court and punishable as such.