New York Executive Code § 558

Access to records and facilities
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§ 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 maj

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