<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.09.61.05" title_num="10" subtitle_num="09" chapter_num="61" heading="Annual Cap and Registry for Waiver Participation.">
  <paragraph num="A.">
    <text>For each State fiscal year beginning on July 1, the Department shall establish a cap, approved by CMS, for the number of unduplicated individuals who may receive the services covered under this chapter, based on available State and federal funding.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The annual cap for waiver participation may be revised, based on the Department's updated estimates of participants' Program expenditures for the State fiscal year, as compared with the available funding.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Eligible individuals shall be enrolled in the waiver program on a first-come, first-served basis until the annual cap on waiver participation is reached.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Once the annual cap on waiver participation is reached:</text>
    <paragraph num="(1)">
      <text>A registry shall be established for individuals interested in applying for waiver services; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Individuals on the registry shall have an opportunity to apply for the waiver as openings become available.</text>
    </paragraph>
  </paragraph>
</regulation>