§ 558 — Access to records and facilities

§ 558. Access to records and facilities. (a) The justice center must\nbe granted access at any and all times to any facility or provider\nagency as defined in subdivision four of section four hundred\neighty-eight of the social services law, and, consistent with federal\nlaw, to all books, records, and data pertaining to any such facility or\nprovider agency deemed necessary for carrying out the justice center's\nfunctions, powers and duties. The justice center or any employee of the\njustice center designated by the executive director may require from the\nofficers or employees of such facility or provider agency or from the\ncommissioners of the state oversight agencies as defined in subdivision\nfour-a of such section four hundred eighty-eight of the social services\nlaw, any information deemed necessary for the purpose of carrying out\nthe justice center's functions, powers and duties, including otherwise\nconfidential information and such entities shall be required to provide\nsuch requested information. The executive director or any employee of\nthe justice center designated by the executive director may require from\nany hospital, as defined under article twenty-eight of the public health\nlaw, any information, report or record necessary for the purpose of\ncarrying out the functions, powers and duties of the justice center\nrelated to the investigation of deaths and complaints of abuse or\nneglect concerning vulnerable persons who have been treated at such\nhospitals, and from any adult care facility as defined in subdivision\ntwenty-one of section two of the social services law, such information,\nreport or record, including access to such facility necessary for the\npurpose of carrying out the functions, powers and duties of the justice\ncenter related to the investigation of deaths concerning patients of\nmental hygiene facilities who resided at such residential care\nfacilities at the time of their death or were former residents of such\nresidential care facilities and the justice center determines that such\ninformation, report or record is necessary for the completion of its\ninvestigation. Such hospitals and adult care facilities shall be\nrequired to provide such requested information, reports, records and\naccess. The results of investigations involving such residents of adult\ncare facilities shall be provided promptly to the commissioner of the\ndepartment of health and shall be treated as a record or personal\ninformation within the meaning of section ninety-six of the public\nofficers law and shall not be disclosed except in accordance with such\nsection ninety-six. Information, books, records or data which are\nconfidential as provided by law shall be kept confidential by the\njustice center and any limitations on the release thereof imposed by law\nupon the party furnishing the information, books, records or data shall\napply to the justice center except as may otherwise be provided by\narticle eleven of the social services law.\n * (b) (i) The governor shall designate an independent public or\nprivate agency, hereinafter "independent agency", to conduct and\ncoordinate the protection and advocacy and client assistance programs,\nas established by federal law to provide federal oversight of the\nstate's system of care for individuals with disabilities, as defined in\nfederal laws and to assist such persons with accessing vocational\nrehabilitation services. For purposes of this subdivision, individuals\nwith disabilities shall have the same meaning as provided by federal\nlaws. The agency designated must have professional experience in\nempowering, protecting and advocating on behalf of individuals with\ndisabilities. Such agency shall be independent of any agency that\nprovides treatment, services or rehabilitation to individuals covered by\nsuch protection and advocacy and client assistance programs. To the\nextent permitted by federal law, the independent agency shall be\ngoverned by a board, a majority of the members of which shall be\nindividuals with disabilities, parents, family members, guardians,\nadvocates, or authorized representatives of individuals with\ndisabilities.\n (ii) The independent agency shall conduct and coordinate the\nprotection and advocacy and client assistance programs, as established\nby federal law to provide oversight of the state's system of care for\nindividuals with disabilities and to assist such individuals with\naccessing vocational and rehabilitation services, including but not\nlimited to:\n (A) Providing information, referrals and technical assistance to\naddress the needs of individuals with disabilities;\n (B) Pursuing legal, administrative and other appropriate remedies or\napproaches to ensure the protection of and advocacy for the rights of\nindividuals with disabilities;\n (C) Investigating incidents of abuse and neglect of individuals with\ndisabilities if the incidents are reported to the independent agency or\nif there is probable cause to believe that the incidents occurred; and\n (D) Establishing a grievance procedure for clients or prospective\nclients of the system to ensure that individuals with disabilities have\nfull access to services of the system.\n (iii) Pursuant to the requirements of federal law, upon receipt of a\ncomplaint of an incident of abuse or neglect of an individual with a\ndisability, or if there is probable cause to believe that such an\nincident occurred, the independent agency shall have prompt access, at\nreasonable times: to any facility or part thereof serving such\nindividual that is operated, certified or licensed by any office or\nagency of the state; to all books, records and data pertaining to such a\nfacility; to such individual with a disability in a location in which\nservices, supports and other assistance are provided to such individual;\nto records of a facility or provider agency concerning such individual;\nand to any other records that are relevant to conducting an\ninvestigation. The independent agency also shall have access to records\nof the justice center as set forth in paragraph (f) of subdivision one\nand paragraph (y) of subdivision two of section four hundred ninety-six\nof the social services law.\n (iv) All records and documents received by the independent agency\nshall be received subject to any confidentiality requirements applicable\npursuant to state and federal law.\n (v) The governor shall be authorized to re-designate the agency\nimplementing the protection and advocacy program and client assistance\nprograms only if there is good cause for the re-designation and in\naccordance with federal requirements.\n (vi) The independent agency may assist in the development of\nresidential councils at facilities and programs.\n (vii) To the extent consistent with federal law, the independent\nagency shall make copies of any of its reports available to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly.\n (viii) The independent agency shall take affirmative steps to assure\nthat its programs and services are geographically representative of the\nstate and, to the extent practicable, ensure regional access, and\nreflect the diversity of the state with respect to race and ethnicity.\n * NB Effective upon filing the Governor's final notice of\nre-designation\n (c) In the exercise of its functions, powers and duties, the executive\ndirector and any employee designated by him or her is authorized to\nissue and enforce a subpoena and a subpoena duces tecum, conduct\nhearings, administer oaths and examine persons under oath, in accordance\nwith and pursuant to civil practice law and rules.\n (d) In any case where a person in charge or control of such facility\nor an officer or employee thereof shall fail to comply with the\nprovisions of subdivision (a) of this section, the justice center may\napply to the supreme court for an order directed to such person\nrequiring compliance therewith. Upon such application the court may\nissue such order as may be just and a failure to comply with the order\nof the court shall be a contempt of court and punishable as such.\n