S T A T E O F N E W Y O R K
________________________________________________________________________
2341
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
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Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02527-01-7