§ 43.11 Refunds. Payments  received by the commissioner pursuant to this chapter may be  refunded if they were: 1. in excess of the actual fee charged; or 2. charges for services which were not rendered; or 3. received from the funds of a patient or another  person  which  are  not available for payment of fees or received for services for which the  patient or other person paying the fees is not legally liable.