N.Y. Mental Hygiene Law § 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.