Montana Code 53-1-409. Limitations on liability of resident or financially responsible person for cost of care
53-1-409. Limitations on liability of resident or financially responsible person for cost of care. (1) The resident or financially responsible person is liable only for the cost of care that the department has determined that the person is able to pay and for which the department has billed the resident or financially responsible person. If the amount payable is retroactively reduced because of a new determination of ability to pay, the resident or financially responsible person shall pay only the reduced amount for the period of time covered by the retroactive reduction.
Terms Used In Montana Code 53-1-409
- Care: means the care, treatment, support, maintenance, and other services rendered by the department to a resident. See Montana Code 53-1-401
- Cost of care: means the applicable all-inclusive rate charges or per diem charges and ancillary charges for a resident's care that are determined as provided in this part. See Montana Code 53-1-401
- 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
- Long-term resident: means a resident in an institution listed in 53-1-402 for a continuous period in excess of 120 days. 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
- Third party: means any third-party individual or entity that is or may be liable to pay all or part of the charges for a resident's cost of care, including but not limited to applicable medicare, medicaid, and personal insurance or other similar health care benefits. See Montana Code 53-1-401
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The natural or adoptive parents of a long-term resident may not be required to pay for the resident’s cost of care in an amount exceeding the cost of caring for a normal child at home as determined and updated annually by the department based upon the annual cost of raising a child, as estimated by the United States department of agriculture.
(3)The natural or adoptive parents of a long-term resident may not be required to pay for the resident’s cost of care for periods after the resident attains 18 years of age.
(4)This section may not be construed to reduce the liability of a third party for a resident’s full cost of care as provided in this part.