S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  2526
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 20, 2009
                               ___________
Introduced by M. of A. BRENNAN, WEISENBERG, SCHROEDER, JAFFEE, CAHILL --
  Multi-Sponsored  by  --  M. of A. BOYLAND, DINOWITZ, GLICK, GOTTFRIED,
  HOOPER, JACOBS,  LANCMAN,  MENG,  MILLMAN,  PERRY  --  read  once  and
  referred  to  the  Committee  on Mental Health, Mental Retardation and
  Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to liability for the
  payment of fees for services rendered  by  the  department  of  mental
  hygiene
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER SHALL NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES  PAID  TO
OR  TO  BE  PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE OR A REPRESEN-
TATIVE OF A PATIENT OR HIS ESTATE, AS A RESULT OF OR  IN  RETURN  FOR  A
RELEASE  OF  LIABILITY OR A COURT ORDERED SETTLEMENT OR JUDGMENT AGAINST
THE STATE ARISING FROM AN ACT OR OMISSION OF THE STATE,  THE  OFFICE  OR
ANY  EMPLOYEE  OR AGENT THEREOF, IF SUCH ACT OR OMISSION OCCURRED DURING
THE COURSE OF CONFINEMENT OF OR DURING THE PROVISION  OF  CARE  TO  SUCH
PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
PURPOSE OF PAYING SUCH FEES.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and  after  January  1,  1999  and
shall  apply  to causes of action pending or commencing on or after such
date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03242-01-9