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This entry was published on 2020-12-04
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Liability for fees
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 43
§ 43.03 Liability for fees.

(a) The patient, his estate, his spouse, his parents or his legal
guardian if he is under twenty-one years of age, and his committee and
any fiduciary or representative payee holding assets for him or on his
behalf are jointly and severally liable for the fees for services
rendered to the patient. Parents or spouses of parents are not liable
for the fees for services rendered to a disabled child under twenty-one
years of age, who does not share the common household even if the child
returns to the common household for periodic visits. For purposes of
this section a child is considered disabled if she/he meets the
definition of a blind or disabled child under regulations prescribed by
the social security act for medical assistance.

(b) The commissioner may reduce or waive fees in cases of inability to
pay or other reason. If the commissioner discovers that assets existing
at the time of determination were not disclosed because of fraud or
negligence, the department may collect the difference between the amount
paid and the actual cost of services. The acceptance of less than the
full fee or the waiver of a fee or any part thereof shall not be
construed to release a patient, his estate, committee or guardian, the
trustee of a fund established for his support, or any fiduciary or payee
of funds for or on behalf of a patient from liability for payment of the
full fee.

(c) Patients receiving services while being held pursuant to order of
a criminal court, other than patients committed to the department
pursuant to section 330.20 of the criminal procedure law, or for
examination pursuant to an order of the family court shall not be liable
to the department for such services. Fees due the department for such
services shall be paid by the county in which such court is located
except that counties shall not be responsible for the cost of services
rendered patients committed to the department pursuant to section 330.20
of the criminal procedure law or patients committed to the department
pursuant to article ten of this chapter.

(d) The trustee of a supplemental needs trust for the benefit of a
patient, which trust conforms to the provisions of section 7-1.12 of the
estates, powers and trusts law, shall not be deemed to be holding assets
for the patient or on his or her behalf, as described in such section
7-1.12. As such, neither the trust nor the trustee shall be liable for
the fees for services rendered to the patient.

(e) Notwithstanding any other provision of this section, the
commissioner 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
representative 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.