53-1-411. Collections from residents and financially responsible persons. (1) If a resident or financially responsible person refuses or fails to pay the amount required under this part, any amount remaining unpaid 30 days after the department mails a written demand for payment may be collected:

Terms Used In Montana Code 53-1-411

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)by the department in any manner allowed by law for the collection of debts; or

(b)by the department of administration in the manner set forth in Title 17, chapter 4, for the collection of debts owing to the state or by a civil suit brought by the department of administration in the name of the state.

(2)A resident’s death or discharge from an institution does not reduce or eliminate the obligation of any person to pay an amount required under this part.