N.Y. Comp. Codes R. & Regs. tit. 14 § 687.7

Current through Register Vol. 46, No. 24, June 12, 2024

Section 687.7 - Visitation, inspection and investigation of family care homes

(a) OPWDD shall provide for the periodic visitation and inspection of each family care home.

(b) Inspections shall be made as frequently as OPWDD 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.

(c) OPWDD shall have the power to conduct investigations into the operations of any person(s) or entity which holds an operating certificate issued by the commissioner, into the operation of any family care home issued an operating certificate by the commissioner, and into the operations related to the provision of services regulated by this Part of any person(s) or entity providing a family care home for individuals with intellectual and/or developmental disabilities. OPWDD may designate a sponsoring agency to conduct such investigations.

(d) In conducting an inspection or investigation, an authorized representative(s) of OPWDD shall have the power to inspect the family care home, conduct interviews with individuals, interview other persons residing in the family care home, examine and copy all records, including financial and medical records of the family care home, and obtain such other information as may be required in order to ensure compliance with all applicable requirements.

(e) In conducting any inspection and investigation under this Part, the commissioner is empowered to subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books, papers or records deemed relevant to the investigation, inspection or hearing.

(f) Information obtained in the course of such inspections and investigations shall be kept confidential.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.7

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 15, 2023/Volume XLIV, Issue 07, eff. 2/15/2023