(a) If an individual who has entered into an agreement fails for sixty (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) Sixty-five percent (65%) of any portion of the set-up fee received pursuant to § 19-14.8-23(d)(2) that has not been credited against settlement fees.