New York Consolidated Laws

N.Y. Mental Hygiene Law § 43.07 (2026)

Bill collection procedures

✓ current as of May 2026
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§ 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
initiation of suit against liable parties to recover amounts due, or the
initiation of suit to enforce an agreement.
  (c) An action to collect fees due pursuant to this chapter shall
commence within six years from the accrual of the cause of action.  This
cause of action accrues when the fees become due.
Notes of Decisions
Cited in 4 cases, 1989–2006 · leading case: State v. Patricia, 844 N.E.2d 743 (N.Y. 2006).
State v. Patricia, 844 N.E.2d 743 (N.Y. 2006). · cites it 3× “Also, in order to facilitate recovery, the State may file a lien to recover amounts due (see Mental Hygiene Law § 43.07 [b]). Furthermore, it is uncontested that article 43 grants the State the authority to recover the cost of defendant’s care and treatment through an action…”
Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y 1999). · cites it 3× “plicable law— namely, that under the Mental Hygiene Law, the plaintiff is not liable for the costs of treatment and services provided by OMH unless he or she has the ability to pay; and that if he or she, subsequent to discharge, acquires the ability to pay from any source,…”
In re Piper, 145 A.D.2d 97 (N.Y. App. Div. 3d Dep't 1989). “The Mental Hygiene Law was comprehensively recodified in 1972 (L 1972, ch 251, eff Jan. 1, 1973).”
State v. Cetero, 233 A.D.2d 580 (N.Y. App. Div. 3d Dep't 1996). “Whether viewed as an attempt to collect upon a liability imposed under Mental Hygiene Law article 43 (see, Mental Hygiene Law § 43.07 [c]) or, alternatively, as an attempt to merely set aside two provisions in the trust agreement that, in violation of the cited statutory…”
N.Y. Mental Hygiene Law § 43.07(b): 1 case
Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y 1999). “plicable law— namely, that under the Mental Hygiene Law, the plaintiff is not liable for the costs of treatment and services provided by OMH unless he or she has the ability to pay; and that if he or she, subsequent to discharge, acquires the ability to pay from any source,…”
N.Y. Mental Hygiene Law § 43.07(c): 1 case
Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y 1999). “plicable law— namely, that under the Mental Hygiene Law, the plaintiff is not liable for the costs of treatment and services provided by OMH unless he or she has the ability to pay; and that if he or she, subsequent to discharge, acquires the ability to pay from any source,…”
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