Montana Code 15-67-206. Deficiency assessment — penalty and interest — hearing
15-67-206. (Temporary) Deficiency assessment — penalty and interest — hearing. (1) If the department determines that the amount of fees due is greater than the amount disclosed by the report, it shall mail to the intermediate care facility a notice of the additional fees proposed to be assessed. Within 30 days after the mailing of the notice, the intermediate care facility may file with the department a written protest against the proposed additional fees, setting forth the grounds upon which the protest is based, and may request in its protest an oral hearing or an opportunity to present additional evidence relating to its fee liability. If a protest is not filed, the amount of the additional fees proposed to be assessed becomes final upon the expiration of the 30-day period. If a protest is filed, the department shall reconsider the proposed assessment and, if the intermediate care facility has requested it, shall grant the intermediate care facility an oral hearing. After consideration of the protest and the evidence presented at an oral hearing, the department’s action upon the protest is final when it mails notice of its action to the intermediate care facility.
Terms Used In Montana Code 15-67-206
- Department: means the department of revenue established in 2-15-1301. See Montana Code 15-67-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facility: means an intermediate care facility for the developmentally disabled licensed pursuant to 50-5-238 or an intermediate care facility for the intellectually disabled that is in compliance with the federal standards provided in 42 CFR, part 483, subpart I, for medicaid conditions of participation. See Montana Code 15-67-101
- fee: means the fee required to be paid for each resident bed day in an intermediate care facility, as provided in 15-67-102. See Montana Code 15-67-101
- Report: means the report of resident bed days required in 15-67-201. See Montana Code 15-67-101
(2)When a deficiency is determined and the fees become final, the department shall mail notice and demand to the intermediate care facility. Penalty and interest must be added to any deficiency assessment and accrues from the date specified in 15-67-201 for payment of the fees. A certificate by the department of the mailing of the notices specified in this section is prima facie evidence of the computation and levy of the deficiency in the fees and of the giving of the notices. (Void on occurrence of contingency–sec. 17, Ch. 531, L. 2003–see chapter compiler’s comment.)