§ 43.03 Liability for fees.\n (a) The patient, his estate, his spouse, his parents or his legal\nguardian if he is under twenty-one years of age, and his committee and\nany fiduciary or representative payee holding assets for him or on his\nbehalf are jointly and severally liable for the fees for services\nrendered to the patient. Parents or spouses of parents are not liable\nfor the fees for services rendered to a disabled child under twenty-one\nyears of age, who does not share the common household even if the child\nreturns to the common household for periodic visits. For purposes of\nthis section a child is considered disabled if she/he meets the\ndefinition of a blind or disabled child under regulations prescribed by\nthe social security act for medical assistance.\n (b) The commissioner may reduce or waive fees in cases of inability to\npay or other reason. If the commissioner discovers that assets existing\nat the time of determination were not disclosed because of fraud or\nnegligence, the department may collect the difference between the amount\npaid and the actual cost of services. The acceptance of less than the\nfull fee or the waiver of a fee or any part thereof shall not be\nconstrued to release a patient, his estate, committee or guardian, the\ntrustee of a fund established for his support, or any fiduciary or payee\nof funds for or on behalf of a patient from liability for payment of the\nfull fee.\n (c) Patients receiving services while being held pursuant to order of\na criminal court, other than patients committed to the department\npursuant to section 330.20 of the criminal procedure law, or for\nexamination pursuant to an order of the family court shall not be liable\nto the department for such services. Fees due the department for such\nservices shall be paid by the county in which such court is located\nexcept that counties shall not be responsible for the cost of services\nrendered patients committed to the department pursuant to section 330.20\nof the criminal procedure law or patients committed to the department\npursuant to article ten of this chapter.\n (d) The trustee of a supplemental needs trust for the benefit of a\npatient, which trust conforms to the provisions of section 7-1.12 of the\nestates, powers and trusts law, shall not be deemed to be holding assets\nfor the patient or on his or her behalf, as described in such section\n7-1.12. As such, neither the trust nor the trustee shall be liable for\nthe fees for services rendered to the patient.\n (e) Notwithstanding any other provision of this section, the\ncommissioner shall not collect any fees for services from any monies\npaid to or to be paid to or on behalf of a patient, his estate or a\nrepresentative of a patient or his estate, as a result of or in return\nfor a release of liability or a court ordered settlement or judgment\nagainst the state arising from an act or omission of the state, the\noffice or any employee or agent thereof, if such act or omission\noccurred during the course of confinement of or during the provision of\ncare to such patient. Such monies shall not be offset or otherwise\nencumbered for the purpose of paying such fees.\n
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