Montana § 53-1-409 Limitations On Liability Of Resident Or Financially Responsible Person For Cost Of Care

Montana Statutes

§ 53-1-409 — Limitations On Liability Of Resident Or Financially Responsible Person For Cost Of Care

Montana § 53-1-409

Title 53SOCIAL SERVICES AND INSTITUTIONS

Ch. 1GENERAL ADMINISTRATION OF INSTITUTIONS

Part 4Per Diem Payments for Institutional Care

This text of Montana § 53-1-409 (Limitations On Liability Of Resident Or Financially Responsible Person For Cost Of Care) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 53-1-409 (2026).

Text

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.

(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 annual

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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.
(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.

Legislative History

(1), (4)En. Sec. 15, Ch. 199, L. 1965; amd. Sec. 1, Ch. 240, L. 1969; amd. Sec. 53, Ch. 120, L. 1974; amd. Sec. 2, Ch. 336, L. 1974; amd. Sec. 46, Ch. 37, L. 1977; amd. Sec. 3, Ch. 450, L. 1977; Sec. 80-1603, R.C.M. 1947; (2), (3)En. 80-1605 by Sec. 1, Ch. 324, L. 1974; amd. Sec. 5, Ch. 450, L. 1977; Sec. 80-1605, R.C.M. 1947; R.C.M. 1947, 80-1603(6), (7), 80-1605; amd. Sec. 27, Ch. 361, L. 1983; amd. Sec. 4, Ch. 594, L. 1983; amd. Sec. 2, Ch. 35, L. 1995; amd. Sec. 9, Ch. 190, L. 1997; amd. Sec. 1, Ch. 383, L. 2005.