§ 32.13 Investigations and inspections.

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, clinical and 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, for providers
of services which have been issued operating certificates of one year's
duration or longer; and at least once during the term of the operating
certificate for providers of services which have been issued operating
certificates of less than a year's duration; and provided, further, that
where, in the discretion of the commissioner, an operating certificate
of more than one year's duration has been issued to a provider of
services 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 visits shall be without prior notice.