(1) 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.
(2) If a provider or an individual terminates an agreement, the provider shall immediately return to the individual: Any money of the individual held in trust for the benefit of the individual; and
(3) Sixty-five percent (65%) of any portion of the set-up fee received pursuant to [former] § 47-18-5523(d)(2) that has not been credited against settlement fees.