N.Y. Public Health Law § 406: Hospitals; refunds, waivers and compromises of bills

§ 406. Hospitals; refunds, waivers and compromises of bills. 1.

Moneys heretofore or hereafter received by the department for the

accounts of any of the hospitals or institutions of the department may

be refunded to the person or party for whose account same were received,

and within six years thereafter upon satisfactory proof being submitted

to the commissioner that:

a. such moneys were in excess of the charges imposed upon or incurred

by the party, pursuant to law; or,

b. such moneys were received as reimbursement for care, maintenance

and treatment of patients, and such care, maintenance and treatment has

not been rendered or furnished; or,

c. such moneys were received from the funds of patients not available

for payment for the care, maintenance and treatment of patients.

2. Notwithstanding the provisions of section one hundred twenty-one of

the state finance law, such refunds shall, upon approval by the

commissioner and after audit by the comptroller, be paid from any moneys

in the custody of the department received as reimbursement for the care,

maintenance and treatment of patients in the several hospitals in the

department.

3. The commissioner may in his discretion, in proper cases, where

substantial justice will best be served thereby, waive bills for the

maintenance, care and treatment received or furnished to patients in any

of the hospitals or institutions of the department or compromise any

portion of such bills. Such waiver or compromise shall be made only upon

prior approval of the comptroller and the attorney general when they

deem it to be for the best interest of the state.