§ 16.11 Oversight of facilities and services. (a) The commissioner shall\nprovide for the oversight of facilities and providers of services\nholding operating certificates pursuant to section 16.03 of this article\nand shall provide for the annual review of such facilities and providers\nin implementing the requirements of the office and in providing quality\ncare and person centered and community based services.\n (1) The review of facilities issued an operating certificate pursuant\nto this article shall include periodic visitation and review of each\nfacility. Reviews shall be made as frequently as the commissioner may\ndeem necessary but in any event such inspections shall be made on at\nleast two occasions during each calendar year which shall be without\nprior notice, provided, however, that where, in the discretion of the\ncommissioner, an operating certificate has been issued to a program with\na history of compliance and a record of providing a high quality of\ncare, the periodic inspection and visitation required by this\nsubdivision shall be made at least once during each calendar year\nprovided such visit shall be without prior notice. Areas of review shall\ninclude, but not be limited to, a review of a facility's: physical\nplant, fire safety procedures, health care, protective oversight, abuse\nand neglect prevention, and reporting procedures.\n (2) The review of providers of services, as defined in paragraph four\nof subdivision (a) of section 16.03 of this article, shall ensure that\nthe provider of services complies with all the requirements of the\napplicable federal home and community based services waiver program, or\nother successor Medicaid waiver program, and applicable federal\nregulation, subdivisions seven and seven-a of section three hundred\nsixty-six of the social services law and rules and regulations adopted\nby the commissioner.\n (3) The review of providers of services, as defined in paragraph five\nof subdivision (a) of section 16.03 of this article, shall ensure that\nthe provider of services complies with all the requirements of the\napplicable federal regulations and rules and the regulations adopted by\nthe commissioner.\n (b) The commissioner shall have the power to conduct investigations\ninto the operations of any provider of service, person or entity which\nholds an operating certificate issued by the office, into the operation\nof any facility, service or program issued an operating certificate by\nthe office and into the operations, related to the provision of services\nregulated by this chapter, of any person or entity providing a residence\nfor one or more unrelated persons with developmental disabilities.\n (c) In conducting a review or investigation, the commissioner or his\nor her authorized representative shall have the power to inspect\nfacilities, conduct interviews of clients, interview personnel, examine\nand copy all records, including financial and medical records of the\nfacility or provider of services, and obtain such other information as\nmay be required in order to carry out his or her responsibilities under\nthis chapter.\n (d) In conducting any review or investigation under this chapter, the\ncommissioner or his or her authorized representative is empowered to\nsubpoena witnesses, compel their attendance, administer oaths to\nwitnesses, examine witnesses under oath, and require the production of\nany books or papers deemed relevant to the investigation, inspection, or\nhearing. A subpoena issued under this section shall be regulated by the\ncivil practice law and rules.\n (e) The supreme court may enjoin persons or entities subject to review\nor investigation pursuant to this article to cooperate with the\ncommissioner and to allow the commissioner access to providers of\nservices, facilities, records, clients and personnel as necessary to\nenable the commissioner to conduct the review or investigation.\n (f) All inspections and investigations shall be made
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