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43.01 – Fees and Rates for Department Services.

§ 43.01 Fees and rates for department services. (a) The department shall charge fees for its services to patients and residents, provided, however, that no person shall be denied services because of inability or failure to pay a fee. (b) The commissioner may establish, at least annually, schedules of rates for inpatient services that reflect […]

43.02 – Rates or Methods of Payment for Services at Facilities Subject to Licensure or Certification by the Office of Mental Health, the Office for People With Developmental Disablities or the Office of Alcoholism and Substance Abuse Services.

§ 43.02 Rates or methods of payment for services at facilities subject to licensure or certification by the office of mental health, the office for people with developmental disabilities or the office of alcoholism and substance abuse services. (a) Notwithstanding any inconsistent provision of law, payment made by government agencies pursuant to title eleven of […]

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 […]

43.04 – Provider of Services Assessments.

§ 43.04 Provider of services assessments. 1. For purposes of this section, provider of services shall refer to (i) those providers as defined by subdivision five of section 1.03 of this chapter which are licensed by the office for people with developmental disabilities pursuant to article sixteen of this chapter as intermediate care facilities for […]

43.05 – Securing Financial Information.

§ 43.05 Securing financial information. (a) A person who applies for the reduction or waiver of fees on the ground of inability to pay shall disclose all assets and shall file a release to permit the department to investigate resources and assets and to verify statements made in the application. (b) The commissioner or his […]

43.06 – Assessments.

§ 43.06 Assessments. 1. Providers of services, as defined in this section, are charged assessments on their gross receipts received from all patient care services and other operating income less personal needs allowances and refunds on a cash basis in the percentage amounts and for the periods specified in subdivision two of this section. Such […]

43.07 – Bill Collection Procedures.

§ 43.07 Bill collection procedures. (a) The commissioner may enter into agreements with the patient or a person liable for him pursuant to this chapter to assure the regular payment of fees. (b) The commissioner may collect bills not paid within sixty days of presentment or pursuant to agreement by the enforcement of liens, the […]

43.09 – Certain Transactions Void.

§ 43.09 Certain transactions void. A transaction between a patient or person liable for him and another which is intended to avoid liability under this article is void and any person benefiting from such a transaction shall be liable for fees to the extent of the value of the resources involved.

43.11 – Refunds.

§ 43.11 Refunds. Payments received by the commissioner pursuant to this chapter may be refunded if they were: 1. in excess of the actual fee charged; or 2. charges for services which were not rendered; or 3. received from the funds of a patient or another person which are not available for payment of fees […]