4. Whoever knowingly and willfully:

1. (a) charges for any service provided to a recipient pursuant to title eleven of article five of the social services law, or a recipient pursuant to title XVIII of the federal social security act, money or other consideration at a rate in excess of the rates established by the department of health and certified by the director of the division of budget or established pursuant to title XVIII of the federal social security act, as the case may be; or

2. (b) charges, solicits, accepts or receives, in addition to any amount otherwise required to be paid pursuant to title eleven of article five of the social services law, or pursuant to title XVIII of the federal social security act, any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person not acting on behalf of such recipient or applicant for assistance under title eleven of article five of the social services law:

   1. (i) as a precondition, express or implied, to admitting or expediting the admission of such recipient or applicant to a hospital or residential health care facility; or
   2. (ii) as a requirement for the recipient's or applicant's continued stay in such facility, when the cost of the services, provided therein to the recipient is paid for, in whole or in part, pursuant to title eleven of article five of the social services law, or pursuant to title XVIII of the federal social security act, shall be guilty of a class E felony.