(1) If a nursing facility fails, neglects, or refuses to file the report in accordance with 15-60-201 , MCA, within the time required, or fails to pay the fee within the required period, the department shall estimate the number of bed days subject to the fee.

(2) The department shall estimate the fee amount and notify the facility of the assessment setting forth the amount of the delinquent fee, penalty, and interest due. The department shall inform the facility that if payment is not made, a warrant for distraint may be filed in accordance with 15-1-216 , MCA.