Montana Code 53-1-408. Periodic review by department of ability to pay
53-1-408. Periodic review by department of ability to pay. (1) The department shall review at least annually each determination of ability to pay, and if there has been a significant change in a resident‘s or financially responsible person‘s ability to pay, the department shall make a new determination.
Terms Used In Montana Code 53-1-408
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-1-401
- Financially responsible person: means a spouse of a resident, the natural or adoptive parents of a resident under 18 years of age, or a guardian or conservator to the extent of the guardian's or conservator's responsibility for the financial affairs of the person who is a resident under applicable Montana law establishing the duties and limitations of guardianships or conservatorships. See Montana Code 53-1-401
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Resident: means any person who is receiving care from or who is a resident of an institution listed in 53-1-402. See Montana Code 53-1-401
(2)In addition to the annual review required by subsection (1), the department shall review a determination of ability to pay upon the request of a resident or financially responsible person if the person provides the department with documentation of a changed circumstance that would substantially affect the amount determined under 53-1-405.
(3)A new determination of ability to pay may not be applied retroactively unless:
(a)the new determination results in a monthly payment amount that is less than the previous monthly payment amount; or
(b)the resident or financially responsible person has misrepresented or failed to provide any financial information or documentation that the person was obligated to provide under 53-1-406 and unless the resident or financially responsible person would have been required to pay a higher monthly amount based upon consideration of the complete and correct information and documentation.
(4)The department may adopt rules to implement the provisions of this section, including but not limited to rules for credit or refund of any overpayment resulting from an assessment retroactively reduced because of a new determination of ability to pay.