Section 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 the

  protection 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.