Section 31.07. Investigations and inspections  


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  • The  commissioner  shall have the power to conduct investigations into
      the operations of providers of  services  which  are  required  by  this
      article  to  have  operating  certificates  and  to make inspections and
      examine records, including, but not  limited  to,  medical  service  and
      financial  records  of facilities to determine whether such providers of
      services  are  complying  with  the  provisions  of  this  chapter   and
      applicable  laws,  rules,  and regulations. 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, 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  section  shall  be  made  at
      least  once  during  each  calendar  year  provided  such visit shall be
      without prior notice.