§ 8910. State aid; fees (a) Upon application to the Commissioner by a designated community mental health and developmental disability agency, the Commissioner of the appropriate Department may grant to the agency funds to be used for carrying out its mental health and developmental disability services. Such grant of funds shall be based on a program plan and program budget developed by the agency and submitted to and approved by the Commissioner or Commissioners. The budget plan must indicate cost per unit of service and anticipated fees for services and must represent a balanced plan of anticipated receipts and expenditures. (b) No State funds shall be distributed to a community mental health agency unless the Commissioner determines that the agency has a reasonable cost per service unit and has established a uniform and reasonable schedule of fees for services provided to those persons who can afford to pay. A policy statement regarding fees, instructions for payment of fees, and fee collection procedures to be used by the agency shall be prepared and updated annually. (c) Nothing in this section should be interpreted to preclude anyone from receiving the services of the agencies due to inability to pay nor to preclude an agency from bringing an action as provided by law to recover fees due.
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