53-1-406. Investigation of ability to pay. (1) Each agency of the state shall give all reasonable assistance to the department in obtaining all information necessary for the proper financial investigation of residents or financially responsible persons.
     (2) Upon request of the department, the resident or financially responsible person shall make available to the department any financial information which the department considers essential for the purpose of determining ability to pay and which, under federal law, the department is not prohibited from seeking or obtaining from the resident or financially responsible person. Willful failure to provide the financial information requested by the department may result in a determination of ability to pay up to the full per diem and full ancillary charges until such time as the requested information is provided and the department makes a new determination of ability to pay.
     (3) (a) A representative of the department authorized by the director may administer oaths, take testimony, and subpoena and compel the attendance of witnesses and the production of books, papers, records, and documents in connection with the duty of securing payments for care as provided by this part.
     (b) A person who fails to obey the subpoena, upon petition of the department to any judge of a district court of the state, may be ordered by the judge to appear and show cause for his disobedience of the subpoena. The judge, after a hearing, may order that the subpoena be obeyed or, if it appears that the subpoena was inappropriately issued, may dismiss the petition. A person who fails to obey the subpoena when so ordered by the judge may be punished for contempt of court on application of the department to the district court.

     History: 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; R.C.M. 1947, 80-1603(3).