2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 16 - Regulation and Quality of Services › 16.11 - Oversight of Facilities and Services.

§ 16.11 Oversight of facilities and services. (a) The commissioner shall
provide  for  the  oversight  of  facilities  and  providers of services
holding operating certificates pursuant to section 16.03 of this article
and shall provide for the annual review of such facilities and providers
in implementing the requirements of the office and in providing  quality
care and person centered and community based services.
(1)  The review of facilities issued an operating certificate pursuant
to this article shall include periodic visitation  and  review  of  each
facility.  Reviews  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 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. Areas of review shall
include, but not be limited to,  a  review  of  a  facility's:  physical
plant,  fire safety procedures, health care, protective oversight, abuse
and neglect prevention, and reporting procedures.
(2) The review of providers of services, as defined in paragraph  four
of  subdivision  (a) of section 16.03 of this article, shall ensure that
the provider of services complies  with  all  the  requirements  of  the
applicable  federal home and community based services waiver program, or
other  successor  Medicaid  waiver  program,  and   applicable   federal
regulation,  subdivisions  seven  and  seven-a  of section three hundred
sixty-six of the social services law and rules and  regulations  adopted
by the commissioner.
(3)  The review of providers of services, as defined in paragraph five
of subdivision (a) of section 16.03 of this article, shall  ensure  that
the  provider  of  services  complies  with  all the requirements of the
applicable federal regulations and rules and the regulations adopted  by
the commissioner.
(b)  The  commissioner  shall have the power to conduct investigations
into the operations of any provider of service, person or  entity  which
holds  an operating certificate issued by the office, into the operation
of any facility, service 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 with developmental disabilities.
(c)  In  conducting a review or investigation, the commissioner or his
or her  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  or  provider of services, and obtain such other information as
may be required in order to carry out his or her responsibilities  under
this chapter.
(d)  In conducting any review or investigation under this chapter, the
commissioner or his or her 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 review
or  investigation  pursuant  to  this  article  to  cooperate  with  the
commissioner  and  to  allow  the  commissioner  access  to providers of

services, facilities, records, clients and  personnel  as  necessary  to
enable the commissioner to conduct the review 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.