Section 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.