53-1-408. Periodic review by department of ability to pay. At appropriate intervals, the department shall review each determination of ability to pay and, if there has been a significant change in a resident's or financially responsible person's ability to pay, shall make a new determination. However, a new determination of ability to pay may not be applied retroactively unless the new determination results in a monthly assessment which is less than the previous monthly assessment or unless the resident or financially responsible person has materially misrepresented any financial information. The department shall make rules to implement the provisions of this section, including but not limited to rules for credit or refund of any overpayment resulting from an assessment retroactively reduced because of a new determination of ability to pay.

     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(5).