N.Y. Executive Law § 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.