§ 16.01 Evaluation of services for persons with developmental\n disabilities.\n (a) The commissioner shall ensure that all services provided under\nthis chapter for persons with developmental disabilities are\nperiodically evaluated.\n (b) The commissioner shall, by regulations, establish and maintain\nevaluation criteria and methods which assure the utility of data\ngenerated in the evaluation of services in different areas of the state\nprovided under this chapter for persons with developmental disabilities,\nincluding, but not limited to:\n (1) Uniform definitions of services to persons with developmental\ndisabilities;\n (2) Uniform standards for all comparable services and programs;\n (3) Uniform financial reporting procedures for comparable providers;\n (4) Uniform clinical reporting procedures; and\n (5) Requirements for the generation and maintenance of uniform data\nfor all individuals receiving services from any provider of services.\n (c) (1) Notwithstanding any other provision of law, the commissioner,\nor his designee, may require from any hospital, as defined under article\ntwenty-eight of the public health law, any information, report, or\nrecord necessary for the purpose of carrying out the functions, powers\nand duties of the commissioner related to the investigation of deaths\nand complaints of abuse, mistreatment, or neglect concerning persons\nwith developmental disabilities who receive services, or had prior to\ndeath received services, in a facility as defined in section 1.03 of\nthis chapter, or are receiving medicaid waiver services from the office\nfor people with developmental disabilities in a non-certified setting,\nand have been treated at such hospitals.\n (2) Any information, report, or record requested by the commissioner\nor his designee pursuant to this subdivision shall be limited to that\ninformation that the commissioner determines necessary for the\ncompletion of this investigation.\n (3) The information, report or record received by the commissioner or\nhis designee pursuant to this subdivision shall be subject to section\ntwo thousand eight hundred five-m, section eighteen, as added by chapter\nfour hundred ninety-seven of the laws of nineteen hundred eighty-six,\nand article twenty-seven-F of the public health law, section 33.13 of\nthis chapter, and any applicable federal statute or regulation.\n
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