(1) If a corporate account administrator, limited liability company, or a limited partnership fails to withhold or fails to remit any penalties withheld to the department as required, the officers and owners are individually responsible for the penalties. A financial institution is not responsible for analyzing the eligibility of the expenses if the account holder attests that the withdrawals are for eligible medical expenses.

(2) Each account holder is individually responsible for withholding and remitting penalties.

(3) In the case of a bankruptcy by an account administrator, the liability for penalties remains unaffected, and the individual or owner remains liable for the amount of penalties withheld but not paid.