(a) If an individual who has entered into an agreement fails for 60 days to make payments required by the agreement, a provider may terminate the agreement.
(b) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual:
(1) any money of the individual held in trust for the benefit of the individual; and
(2) 65 percent of any portion of the set-up fee received pursuant to section 423(d)(2) which has not been credited against settlement fees.