Section 43.03. Liability for fees

(a)  The  patient,  his  estate,  his spouse, his parents or his legal
  guardian if he is under twenty-one years of age, and his  committee  and
  any  fiduciary  or representative payee holding assets for him or on his
  behalf are jointly and  severally  liable  for  the  fees  for  services
  rendered  to  the  patient. Parents or spouses of parents are not liable
  for the fees for services rendered to a disabled child under  twenty-one
  years  of age, who does not share the common household even if the child
  returns to the common household for periodic  visits.  For  purposes  of
  this  section  a  child  is  considered  disabled  if  she/he  meets the
  definition of a blind or disabled child under regulations prescribed  by
  the social security act for medical assistance.
    (b) The commissioner may reduce or waive fees in cases of inability to
  pay  or other reason. If the commissioner discovers that assets existing
  at the time of determination were not  disclosed  because  of  fraud  or
  negligence, the department may collect the difference between the amount
  paid  and  the  actual cost of services. The acceptance of less than the
  full fee or the waiver of a  fee  or  any  part  thereof  shall  not  be
  construed  to  release a patient, his estate, committee or guardian, the
  trustee of a fund established for his support, or any fiduciary or payee
  of funds for or on behalf of a patient from liability for payment of the
  full fee.
    (c) Patients receiving services while being held pursuant to order  of
  a  criminal  court,  other  than  patients  committed  to the department
  pursuant to section  330.20  of  the  criminal  procedure  law,  or  for
  examination pursuant to an order of the family court shall not be liable
  to  the  department  for such services. Fees due the department for such
  services shall be paid by the county in  which  such  court  is  located
  except  that  counties shall not be responsible for the cost of services
  rendered patients committed to the department pursuant to section 330.20
  of the criminal procedure law or patients committed  to  the  department
  pursuant to article ten of this chapter.
    (d)  The  trustee  of  a supplemental needs trust for the benefit of a
  patient, which trust conforms to the provisions of section 7-1.12 of the
  estates, powers and trusts law, shall not be deemed to be holding assets
  for the patient or on his or her behalf, as described  in  such  section
  7-1.12.  As  such, neither the trust nor the trustee shall be liable for
  the fees for services rendered to the patient.