2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.03 - Liability for Fees.

§ 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.