New York Laws
Article 20 - Protection of People With Special Needs
558 - Access to Records and Facilities.

(ii) The independent agency shall conduct and coordinate the
protection and advocacy and client assistance programs, as established
by federal law to provide oversight of the state's system of care for
individuals with disabilities and to assist such individuals with
accessing vocational and rehabilitation services, including but not
limited to:
(A) Providing information, referrals and technical assistance to
address the needs of individuals with disabilities;
(B) Pursuing legal, administrative and other appropriate remedies or
approaches to ensure the protection of and advocacy for the rights of
individuals with disabilities;
(C) Investigating incidents of abuse and neglect of individuals with
disabilities if the incidents are reported to the independent agency or
if there is probable cause to believe that the incidents occurred; and
(D) Establishing a grievance procedure for clients or prospective
clients of the system to ensure that individuals with disabilities have
full access to services of the system.
(iii) Pursuant to the requirements of federal law, upon receipt of a
complaint of an incident of abuse or neglect of an individual with a
disability, or if there is probable cause to believe that such an
incident occurred, the independent agency shall have prompt access, at
reasonable times: to any facility or part thereof serving such
individual that is operated, certified or licensed by any office or
agency of the state; to all books, records and data pertaining to such a
facility; to such individual with a disability in a location in which
services, supports and other assistance are provided to such individual;
to records of a facility or provider agency concerning such individual;
and to any other records that are relevant to conducting an
investigation. The independent agency also shall have access to records
of the justice center as set forth in paragraph (f) of subdivision one
and paragraph (y) of subdivision two of section four hundred ninety-six
of the social services law.
(iv) All records and documents received by the independent agency
shall be received subject to any confidentiality requirements applicable
pursuant to state and federal law.
(v) The governor shall be authorized to re-designate the agency
implementing the protection and advocacy program and client assistance
programs only if there is good cause for the re-designation and in
accordance with federal requirements.
(vi) The independent agency may assist in the development of
residential councils at facilities and programs.
(vii) To the extent consistent with federal law, the independent
agency shall make copies of any of its reports available to the
governor, the temporary president of the senate and the speaker of the
assembly.
(viii) The independent agency shall take affirmative steps to assure
that its programs and services are geographically representative of the
state and, to the extent practicable, ensure regional access, and
reflect the diversity of the state with respect to race and ethnicity.
* NB Effective upon filing the Governor's final notice of
re-designation
(c) In the exercise of its functions, powers and duties, the executive
director and any employee designated by him or her 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 justice center 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.