§ 45.09 Procedures of the commission. (a) The commission, any member or any employee designated by the chair, must be granted access at any and all times to any mental hygiene facility, or adult home or residence for adults in which at least twenty-five percent or twenty-five residents, whichever is less, have at any time received or are receiving services from a mental hygiene provider which is licensed, operated or funded by the office of mental health, or the office of mental retardation and developmental disabilities in order to carry out the functions of the commission as provided for by section 45.10 of this article, or part thereof, and to all books, records, and data pertaining to any such facility deemed necessary for carrying out the commission's functions, powers and duties. The commission, any members or any employee designated by the chair may require from the officers or employees of such facility or from the commissioners of the offices of the department of mental hygiene or in the case of an adult home or residence for adults, from the officers or employees of an adult home or residence for adults or from the department of health any information deemed necessary for the purpose of carrying out the commission's functions, powers and duties. The commission, any member, or any employee designated by the chair may require from any hospital, as defined under article twenty-eight of the public health law, any information, report or record necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths and complaints of abuse or mistreatment concerning patients or former patients of mental hygiene facilities who have been treated at such hospitals, and from any adult care facility as defined in paragraph twenty-one of section two of the social services law, such information, report or record, including access to such facility necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths, as provided for by section 45.17 of this article, concerning patients of mental hygiene facilities who resided at such residential care facilities at the time of their death or were former residents of such residential care facilities and the commission determines that such information, report or record is necessary for the completion of its investigation. The results of investigations involving such residents of adult care facilities shall be provided promptly to the commissioner of the department of health and shall be treated as a record or personal information within the meaning of section ninety-six of the public officers law and shall not be disclosed except in accordance with such section ninety-six. Information, books, records or data which are confidential as provided by law shall be kept confidential by the commission and by non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the commission and such non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article. (b) Pursuant to the authorization of the commission to administer the protection and advocacy system as provided for by federal law, any agency or person within or under contract with the commission which provides protection and advocacy services must be granted access at any and all times to any facility, or part thereof, serving a person with a disability operated or licensed by any office or agency of the state, and to all books, records, and data pertaining to any such facility upon receipt of a complaint by or on behalf of a person with a disability. Information, books, records or data which are confidential as provided by law shall be kept confidential by the person or agency within theprotection and advocacy system and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the person or agency within the protection and advocacy system. (c) In the exercise of its functions, powers and duties, the commission and any member is authorized to issue and enforce a subpoena and a subpoena duces tecum, conduct hearings, administer oaths and examine persons under oath, in accordance with and pursuant to civil practice law and rules. (d) In any case where a person in charge or control of such facility or an officer or employee thereof shall fail to comply with the provisions of subdivision (a) of this section, the commission may apply to the supreme court for an order directed to such person requiring compliance therewith. Upon such application the court may issue such order as may be just and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
§ 45.09 Procedures of the commission. (a) The commission, any member or any employee designated by the chair, must be granted access at any and all times to any mental hygiene facility, or adult home or residence for adults in which at least twenty-five percent or twenty-five residents, whichever is less, have at any time received or are receiving services from a mental hygiene provider which is licensed, operated or funded by the office of mental health, or the office of mental retardation and developmental disabilities in order to carry out the functions of the commission as provided for by section 45.10 of this article, or part thereof, and to all books, records, and data pertaining to any such facility deemed necessary for carrying out the commission's functions, powers and duties. The commission, any members or any employee designated by the chair may require from the officers or employees of such facility or from the commissioners of the offices of the department of mental hygiene or in the case of an adult home or residence for adults, from the officers or employees of an adult home or residence for adults or from the department of health any information deemed necessary for the purpose of carrying out the commission's functions, powers and duties. The commission, any member, or any employee designated by the chair may require from any hospital, as defined under article twenty-eight of the public health law, any information, report or record necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths and complaints of abuse or mistreatment concerning patients or former patients of mental hygiene facilities who have been treated at such hospitals, and from any adult care facility as defined in paragraph twenty-one of section two of the social services law, such information, report or record, including access to such facility necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths, as provided for by section 45.17 of this article, concerning patients of mental hygiene facilities who resided at such residential care facilities at the time of their death or were former residents of such residential care facilities and the commission determines that such information, report or record is necessary for the completion of its investigation. The results of investigations involving such residents of adult care facilities shall be provided promptly to the commissioner of the department of health and shall be treated as a record or personal information within the meaning of section ninety-six of the public officers law and shall not be disclosed except in accordance with such section ninety-six. Information, books, records or data which are confidential as provided by law shall be kept confidential by the commission and by non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the commission and such non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article. (b) Pursuant to the authorization of the commission to administer the protection and advocacy system as provided for by federal law, any agency or person within or under contract with the commission which provides protection and advocacy services must be granted access at any and all times to any facility, or part thereof, serving a person with a disability operated or licensed by any office or agency of the state, and to all books, records, and data pertaining to any such facility upon receipt of a complaint by or on behalf of a person with a disability. Information, books, records or data which are confidential as provided by law shall be kept confidential by the person or agency within theprotection and advocacy system and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the person or agency within the protection and advocacy system. (c) In the exercise of its functions, powers and duties, the commission and any member is authorized to issue and enforce a subpoena and a subpoena duces tecum, conduct hearings, administer oaths and examine persons under oath, in accordance with and pursuant to civil practice law and rules. (d) In any case where a person in charge or control of such facility or an officer or employee thereof shall fail to comply with the provisions of subdivision (a) of this section, the commission may apply to the supreme court for an order directed to such person requiring compliance therewith. Upon such application the court may issue such order as may be just and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
§ 45.09 Procedures of the commission. (a) The commission, any member or any employee designated by the chair, must be granted access at any and all times to any mental hygiene facility, or adult home or residence for adults in which at least twenty-five percent or twenty-five residents, whichever is less, have at any time received or are receiving services from a mental hygiene provider which is licensed, operated or funded by the office of mental health, or the office of mental retardation and developmental disabilities in order to carry out the functions of the commission as provided for by section 45.10 of this article, or part thereof, and to all books, records, and data pertaining to any such facility deemed necessary for carrying out the commission's functions, powers and duties. The commission, any members or any employee designated by the chair may require from the officers or employees of such facility or from the commissioners of the offices of the department of mental hygiene or in the case of an adult home or residence for adults, from the officers or employees of an adult home or residence for adults or from the department of health any information deemed necessary for the purpose of carrying out the commission's functions, powers and duties. The commission, any member, or any employee designated by the chair may require from any hospital, as defined under article twenty-eight of the public health law, any information, report or record necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths and complaints of abuse or mistreatment concerning patients or former patients of mental hygiene facilities who have been treated at such hospitals, and from any adult care facility as defined in paragraph twenty-one of section two of the social services law, such information, report or record, including access to such facility necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths, as provided for by section 45.17 of this article, concerning patients of mental hygiene facilities who resided at such residential care facilities at the time of their death or were former residents of such residential care facilities and the commission determines that such information, report or record is necessary for the completion of its investigation. The results of investigations involving such residents of adult care facilities shall be provided promptly to the commissioner of the department of health and shall be treated as a record or personal information within the meaning of section ninety-six of the public officers law and shall not be disclosed except in accordance with such section ninety-six. Information, books, records or data which are confidential as provided by law shall be kept confidential by the commission and by non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the commission and such non-profit organizations receiving contracts pursuant to subdivision (k) of section 45.07 of this article. (b) Pursuant to the authorization of the commission to administer the protection and advocacy system as provided for by federal law, any agency or person within or under contract with the commission which provides protection and advocacy services must be granted access at any and all times to any facility, or part thereof, serving a person with a disability operated or licensed by any office or agency of the state, and to all books, records, and data pertaining to any such facility upon receipt of a complaint by or on behalf of a person with a disability. Information, books, records or data which are confidential as provided by law shall be kept confidential by the person or agency within theprotection and advocacy system and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the person or agency within the protection and advocacy system. (c) In the exercise of its functions, powers and duties, the commission and any member is authorized to issue and enforce a subpoena and a subpoena duces tecum, conduct hearings, administer oaths and examine persons under oath, in accordance with and pursuant to civil practice law and rules. (d) In any case where a person in charge or control of such facility or an officer or employee thereof shall fail to comply with the provisions of subdivision (a) of this section, the commission may apply to the supreme court for an order directed to such person requiring compliance therewith. Upon such application the court may issue such order as may be just and a failure to comply with the order of the court shall be a contempt of court and punishable as such.
