N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Fees For Services
New York Consolidated Laws

N.Y. Mental Hygiene Law § 43.01 (2026)

Fees and rates for department services

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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 the costs of services, care,
treatment, maintenance, overhead, and administration which assure
maximum recovery of such costs.
  In addition, the commissioner may establish, at least annually,
schedules of fees for noninpatient services which need not reflect the
costs of services, care, treatment, maintenance, overhead, and
administration.
  (c) The executive budget, as recommended, shall reflect, by individual
facility, the costs of services, care, treatment, maintenance, overhead,
and administration.
  (d) All schedules of fees and rates which are established by the
commissioner, shall be subject to the approval of the director of the
division of the budget. Immediately upon their approval, copies of all
schedules of fees and rates established pursuant to this section shall
be forwarded to the chairman of the assembly ways and means committee
and the chairman of the senate finance committee.
Notes of Decisions
Cited in 5 cases, 1999–2012 · leading case: Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y. 1999).
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Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y. 1999). · cites it 3× “§ 1983 preempts the use of a tort award obtained as a result of tortious conduct by the OMH or its employees to satisfy care and treatment charges assessed pursuant to Mental Hygiene Law § 43.01 et seq.” “Whether 42 U.”
State v. Patricia, 844 N.E.2d 743 (N.Y. 2006). “*163 The plain language of article 43 provides that an indigent patient need not pay for services at the time they are rendered, but remains liable for them (see Mental Hygiene Law § 43.01 [a]; § 43.03 [a]).”
Muller v. State, 179 Misc. 2d 980 (1999). · cites it 2× “Mental Hygiene Law § 43.01 which imposes a duty on the Department of Mental Hygiene to charge fees for its services to patients and residents also provides that “no person shall be denied services because of inability or failure to pay a fee.”
Weaver v. State, 91 A.D.3d 758 (N.Y. App. Div. 2d Dep't 2012). “The claimants argue that they were entitled to services without making such payments to the facility (see Mental Hygiene Law § 43.01 [a] [“no person shall be denied services because of inability or failure to pay a fee”]).”
State v. Patricia II., 13 A.D.3d 1013 (N.Y. App. Div. 3d Dep't 2004). · cites it 2× “Mental Hygiene Law § 43.01 (a) requires that fees shall be charged to patients and residents for services provided “however .”
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