NY Pub Health L § 2805-F (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2805-F - Money Deposited or Advanced for Admittance to Nursing Homes; Waiver Void; Administration Expenses.

§ 2805-f. Money deposited or advanced for admittance to nursing homes; waiver  void;  administration  expenses.    1.  Whenever  money shall be deposited or advanced on a contract or license agreement for  admittance to  a  nursing  home  as  security  for  performance  of the contract or agreement or to be applied to payments upon such contract  or  agreement when due, such money, with interest accruing thereon, until repaid or so applied,  shall  continue  to  be  the  money  of the person making such deposit or advance and shall be held in trust by the  person  with  whom such  deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same.   2. The person receiving money so deposited or advanced  shall  deposit such  money  in  an  interest  bearing account in a banking organization provided, however, that  monies  which  are  advanced  pursuant  to  the provisions  of  subdivision one of this section for the purpose of being applied to payments in performance of a contract  or  license  agreement when  due need not be deposited in an interest bearing account until the sixty-first day next succeeding  the  day  upon  which  such  money  was deposited  or  advanced.  Such  person shall thereupon notify in writing each of the persons making such security deposit or advance, giving  the name  and  address  of  the banking organization in which the deposit of security money is made, and the amount  of  such  deposit.  Such  person shall  be  entitled  to  receive,  as  administration  expenses,  a  sum equivalent  to  one  percent  per  annum  upon  the  security  money  so deposited,  which  shall  be  in  lieu  of  all other administrative and custodial expenses. The balance of the  interest  paid  by  the  banking organization  shall  be  the  money  of the person making the deposit or advance.   3. Any provision of such a contract or agreement whereby a person  who so  deposits  or  advances money waives any provision of this section is absolutely void.   4. Whoever knowingly and willfully:  (a) charges for any service provided to a recipient pursuant to  title eleven  of  article  five  of  the  social  services law, or a recipient pursuant to title XVIII of the federal social  security  act,  money  or other  consideration at a rate in excess of the rates established by the department of health and certified by the director of  the  division  of budget  or  established  pursuant  to  title XVIII of the federal social security act, as the case may be; or  (b) charges, solicits, accepts or receives, in addition to any  amount otherwise  required  to be paid pursuant to title eleven of article five of the social services law, or pursuant to title XVIII  of  the  federal social  security  act, any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person not acting on behalf of such recipient  or applicant  for  assistance  under  title  eleven  of article five of the social services law:  (i) as a precondition, express or implied, to admitting or  expediting the   admission  of  such  recipient  or  applicant  to  a  hospital  or residential health care facility; or  (ii) as a requirement for the  recipient's  or  applicant's  continued stay in such facility,   when  the  cost  of the services, provided therein to the recipient is paid for, in whole or in part, pursuant to title eleven of article  five of  the  social  services law, or pursuant to title XVIII of the federal social security act, shall be guilty of a class E felony.