§ 2803. Commissioner and council; powers and duties. 1. (a) The\ncommissioner shall have the power to inquire into the operation of\nhospitals and to conduct periodic inspections of facilities with respect\nto the fitness and adequacy of the premises, equipment, personnel, rules\nand by-laws, standards of medical care, hospital service, including\nhealth-related service, system of accounts, records, and the adequacy of\nfinancial resources and sources of future revenues. The commissioner or\npersons designated by him shall conduct at least one unannounced\ncomprehensive inspection of each residential health care facility not\nlater than fifteen months after the previous such inspection to\ndetermine the adequacy of care being rendered. Such comprehensive\ninspection shall include, but not be limited to, a survey to determine\ncompliance by the facility with applicable statutes and regulations, and\nobservation of a representative sample of all patients or residents and\ntheir medical records to determine the quality and adequacy of the care\nand treatment provided. Additional visits shall be made to facilities as\nneeded to determine whether violations or deficiencies have been\ncorrected, to investigate any report made pursuant to section\ntwenty-eight hundred three-d of this article or any other complaint, and\nfor any other purpose deemed necessary and appropriate by the\ncommissioner. Any employee of the department who gives or causes to be\ngiven advance notice of such unannounced inspection to any unauthorized\nperson shall, in addition to any other penalty provided by law, be\nsuspended by the commissioner from all duties without pay for at least\nfive days or for such greater period of time as the commissioner shall\ndetermine. Any such suspension shall be made by the commissioner in\naccordance with all other applicable provisions of law.\n (b) The purpose of such inspection shall be to determine compliance by\nresidential health care facilities with statutes, and with regulations\npromulgated under the provisions of those statutes, governing minimum\nstandards of construction, quality and adequacy of care, rights of\npatients, rates of payment and reimbursement. At least one such\ninspection every fifteen months shall include, but shall not be limited\nto, full on-site examination of the medical, nursing care, dietary and\nsocial services records of the facility.\n (c) The commissioner shall establish, in consultation with the state\noffice for the aging, a consumer information system for residential\nhealth care facilities with respect to their compliance with the\nstandards set forth in this section designed to provide accurate and\ncomprehensible information to consumers on the quality of facilities\nwhich shall incorporate a summary of the findings and results of the\ninspections conducted pursuant to the provisions of this section. Such\nsummary of results and findings shall include, but need not be limited\nto, a listing of areas in which items were found at the time of such\ninspections to be not in compliance with such standards and the nature\nof such non-compliance. Each residential health care facility shall be\nissued a summary of the findings of inspections of such facility\nconducted since the issuance of the previous summary of findings, which\nshall be posted conspicuously within such facility, and any other\ninformation relating to the facility available through the consumer\ninformation system. The commissioner shall promulgate rules and\nregulations necessary to implement the provisions of this paragraph. A\nfacility may appeal the accuracy of a summary findings to the\ncommissioner within twenty days after receipt of such summary. The\nresults and findings of any prior inspections, and any penalties thereby\nassessed, which have not been previously appealed and overruled, shall\nnot be subject to review.\n (d) (i) Notwithstanding any inconsistent provision of law, the\ncommissioner or his desig
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