§ 558. Access to records and facilities. (a) The justice center must
be granted access at any and all times to any facility or provider
agency as defined in subdivision four of section four hundred
eighty-eight of the social services law, and, consistent with federal
law, to all books, records, and data pertaining to any such facility or
provider agency deemed necessary for carrying out the justice center's
functions, powers and duties. The justice center or any employee of the
justice center designated by the executive director may require from the
officers or employees of such facility or provider agency or from the
commissioners of the state oversight agencies as defined in subdivision
four-a of such section four hundred eighty-eight of the social services
law, any information deemed necessary for the purpose of carrying out
the justice center's functions, powers and duties, including otherwise
confidential information and such entities shall be required to provide
such requested information. The executive director or any employee of
the justice center designated by the executive director 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 justice center
related to the investigation of deaths and complaints of abuse or
neglect concerning vulnerable persons who have been treated at such
hospitals, and from any adult care facility as defined in subdivision
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 justice
center related to the investigation of deaths 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 justice center determines that such
information, report or record is necessary for the completion of its
investigation. Such hospitals and adult care facilities shall be
required to provide such requested information, reports, records and
access. 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
justice center and any limitations on the release thereof imposed by law
upon the party furnishing the information, books, records or data shall
apply to the justice center except as may otherwise be provided by
article eleven of the social services law.

* (b) (i) The governor shall designate an independent public or
private agency, hereinafter "independent agency", to conduct and
coordinate the protection and advocacy and client assistance programs,
as established by federal law to provide federal oversight of the
state's system of care for individuals with disabilities, as defined in
federal laws and to assist such persons with accessing vocational
rehabilitation services. For purposes of this subdivision, individuals
with disabilities shall have the same meaning as provided by federal
laws. The agency designated must have professional experience in
empowering, protecting and advocating on behalf of individuals with
disabilities. Such agency shall be independent of any agency that
provides treatment, services or rehabilitation to individuals covered by
such protection and advocacy and client assistance programs. To the
extent permitted by federal law, the independent agency shall be
governed by a board, a majority of the members of which shall be
individuals with disabilities, parents, family members, guardians,
advocates, or authorized representatives of individuals with
disabilities.

(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.