15-67-207. (Temporary) Closing agreements. (1) The director of the department or any person authorized in writing by the director may enter into an agreement with any intermediate care facility relating to the liability of the intermediate care facility with respect to the fees imposed by this chapter for any period.
(2) An agreement under this section is final and conclusive, and except upon a showing of fraud, malfeasance, or misrepresentation of a material fact:
(a) the agreement may not be reopened or modified as to matters agreed upon by any officer, employee, or agent of this state; and
(b) in any suit, action, or proceeding under the agreement or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance with the agreement, the agreement may not be annulled, modified, set aside, or disregarded. (Void on occurrence of contingency--sec. 17, Ch. 531, L. 2003--see chapter compiler's comment.)
History: En. Sec. 9, Ch. 531, L. 2003.
Structure Montana Code Annotated
Chapter 67. Intermediate Care Facility for the Developmentally Disabled -- Utilization Fee
15-67-201. Reporting, collection, and deposit of fee
15-67-203. Statute of limitations
15-67-204. Penalty and interest for delinquent fee
15-67-205. Estimated fee on failure to file
15-67-206. Deficiency assessment -- penalty and interest -- hearing