Section 16.11. Visitation and inspection of facilities

(a)  The  commissioner  shall  provide for the periodic visitation and
  inspection of each facility. Inspections shall be made as frequently  as
  the  commissioner  may  deem necessary but in any event such inspections
  shall be made on at least two occasions during each  calendar  year,  at
  least  one  of  which  shall be without prior notice, provided, however,
  that  where,  in  the  discretion  of  the  commissioner,  an  operating
  certificate  has  been  issued to a program with a history of compliance
  and a  record  of  providing  a  high  quality  of  care,  the  periodic
  inspection  and visitation required by this subdivision shall be made at
  least once during each  calendar  year  provided  such  visit  shall  be
  without prior notice.
    (b)  The  commissioner  shall have the power to conduct investigations
  into the operations of any person or entity  which  holds  an  operating
  certificate  issued by the office, into the operation of any facility or
  program issued an operating certificate  by  the  office  and  into  the
  operations,  related  to  the  provision  of  services regulated by this
  chapter, of any person or entity providing a residence for one  or  more
  unrelated persons who are mentally retarded or developmentally disabled.
    (c)  In conducting an inspection or investigation, the commissioner or
  his  authorized  representative  shall  have  the   power   to   inspect
  facilities,  conduct interviews of clients, interview personnel, examine
  and copy all records, including financial and  medical  records  of  the
  facility,  and obtain such other information as may be required in order
  to carry out his responsibilities under this chapter.
    (d) In conducting any inspection or investigation under this  chapter,
  the  commissioner  or  his  authorized  representative  is  empowered to
  subpoena  witnesses,  compel  their  attendance,  administer  oaths   to
  witnesses,  examine  witnesses under oath, and require the production of
  any books or papers deemed relevant to the investigation, inspection, or
  hearing. A subpoena issued under this section shall be regulated by  the
  civil practice law and rules.
    (e)  The  supreme  court  may  enjoin  persons  or entities subject to
  inspection or investigation pursuant to this article to  cooperate  with
  the  commissioner  and  to  allow the commissioner access to facilities,
  records, clients and personnel as necessary to enable  the  commissioner
  to conduct the inspection or investigation.
    (f)  All  inspections  and  investigations  shall  be  made by persons
  competent to  conduct  such  activities.  Information  obtained  by  the
  commissioner  in the course of such inspections and investigations shall
  be kept confidential in accordance with the provisions of  this  chapter
  and other applicable provisions of law.