§ 2805-F — Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses

§ 2805-f. Money deposited or advanced for admittance to nursing homes;\nwaiver void; administration expenses. 1. Whenever money shall be\ndeposited or advanced on a contract or license agreement for admittance\nto a nursing home as security for performance of the contract or\nagreement or to be applied to payments upon such contract or agreement\nwhen due, such money, with interest accruing thereon, until repaid or so\napplied, shall continue to be the money of the person making such\ndeposit or advance and shall be held in trust by the person with whom\nsuch deposit or advance shall be made and shall not be mingled with the\npersonal moneys or become an asset of the person receiving the same.\n 2. The person receiving money so deposited or advanced shall deposit\nsuch money in an interest bearing account in a banking organization\nprovided, however, that monies which are advanced pursuant to the\nprovisions of subdivision one of this section for the purpose of being\napplied to payments in performance of a contract or license agreement\nwhen due need not be deposited in an interest bearing account until the\nsixty-first day next succeeding the day upon which such money was\ndeposited or advanced. Such person shall thereupon notify in writing\neach of the persons making such security deposit or advance, giving the\nname and address of the banking organization in which the deposit of\nsecurity money is made, and the amount of such deposit. Such person\nshall be entitled to receive, as administration expenses, a sum\nequivalent to one percent per annum upon the security money so\ndeposited, which shall be in lieu of all other administrative and\ncustodial expenses. The balance of the interest paid by the banking\norganization shall be the money of the person making the deposit or\nadvance.\n 3. Any provision of such a contract or agreement whereby a person who\nso deposits or advances money waives any provision of this section is\nabsolutely void.\n 4. Whoever knowingly and willfully:\n (a) charges for any service provided to a recipient pursuant to title\neleven of article five of the social services law, or a recipient\npursuant to title XVIII of the federal social security act, money or\nother consideration at a rate in excess of the rates established by the\ndepartment of health and certified by the director of the division of\nbudget or established pursuant to title XVIII of the federal social\nsecurity act, as the case may be; or\n (b) charges, solicits, accepts or receives, in addition to any amount\notherwise required to be paid pursuant to title eleven of article five\nof the social services law, or pursuant to title XVIII of the federal\nsocial security act, any gift, money, donation or other consideration,\nother than a charitable, religious or philanthropic contribution from an\norganization or from a person not acting on behalf of such recipient or\napplicant for assistance under title eleven of article five of the\nsocial services law:\n (i) as a precondition, express or implied, to admitting or expediting\nthe admission of such recipient or applicant to a hospital or\nresidential health care facility; or\n (ii) as a requirement for the recipient's or applicant's continued\nstay in such facility,\n when the cost of the services, provided therein to the recipient is\npaid for, in whole or in part, pursuant to title eleven of article five\nof the social services law, or pursuant to title XVIII of the federal\nsocial security act, shall be guilty of a class E felony.\n