N.Y. Mental Hygiene Law § 32.13: Investigations and inspections

§ 32.13 Investigations and inspections.

The commissioner shall have the power to conduct investigations into

the operations of providers of services which are required by this

article to have operating certificates and to make inspections and

examine records, including, but not limited to, clinical and medical

service and financial records of facilities to determine whether such

providers of services are complying with the provisions of this chapter

and applicable laws, rules, and regulations. 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, one of which shall be without prior notice, for providers

of services which have been issued operating certificates of one year's

duration or longer; and at least once during the term of the operating

certificate for providers of services which have been issued operating

certificates of less than a year's duration; and provided, further, that

where, in the discretion of the commissioner, an operating certificate

of more than one year's duration has been issued to a provider of

services with a history of compliance and a record of providing a high

quality of care, the periodic inspection and visitation required by this

section shall be made at least once during each calendar year, provided

such visits shall be without prior notice.