N.Y. Mental Hygiene Law 43.05 – Securing financial information
§ 43.05 Securing financial information.
Terms Used In N.Y. Mental Hygiene Law 43.05
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) A person who applies for the reduction or waiver of fees on the ground of inability to pay shall disclose all assets and shall file a release to permit the department to investigate resources and assets and to verify statements made in the application.
(b) The commissioner or his authorized representatives may develop sufficient financial information through investigations and shall have the power to initiate proceedings in a court of competent jurisdiction to discover property, including the examination and inventory of safe deposit boxes leased by a patient, and to otherwise secure payment from all patients or persons liable for them.
(c) Banking organizations, insurance companies, brokers, fiduciaries, business managers, guardians, trustees, representative payees of resources and assets of a patient, or any relative or person having knowledge of any resources and assets of a patient, upon request of the commissioner or his authorized representative, shall furnish full information on the resources and assets of a patient or of any person legally responsible for the support of a patient.