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<regulation prefix="Regulation" num=".03" citation="COMAR 10.22.15.03" title_num="10" subtitle_num="22" chapter_num="15" heading="Establishment of the Waiting List Equity Fund.">
  <paragraph num="A.">
    <text>The waiting list equity fund is a nonlapsing fund established to ensure that when an individual leaves the State residential center to be served in the community, the net average cost of serving the individual in the SRC is applied to:</text>
    <paragraph num="(1)">
      <text>The individual's community placement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Community services needed to sustain the individual's community placement; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Provide community-based services to individuals not yet receiving services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The WLEF consists of funds that are equal to the cost of providing services to an individual in an SRC for a fiscal year, or part of a fiscal year in which the individual is:</text>
    <paragraph num="(1)">
      <text>No longer served in the SRC; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Provided community-based services as specified in Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In determining the contribution to the WLEF, the Administration shall calculate the cost of providing services to an individual in an SRC by:</text>
    <paragraph num="(1)">
      <text>Dividing the SRC's appropriation by the daily average census reported in the SRC's annual operating budget for the last full fiscal year the individual was served in the SRC, prorated over the number of months the individual is served in the community; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Subtracting the following:</text>
      <paragraph num="(a)">
        <text>The average annual itemized expenses associated with institutional services and administrative overhead costs that are demonstrated to be directly attributable to the individuals remaining in the SRC,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The cost for new admissions certified with the provisions of Health-General Article, §§7-502 and 7-503, Annotated Code of Maryland,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The cost for respite care in accordance with Health-General Article, §7-509, Annotated Code of Maryland, which is based on the identification of the actual, specific costs directly attributable to serving individuals in the SRC with respite care services,</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The cost for court-ordered commitments, and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Federal revenues under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) attributable to direct client cost.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The Administration shall allocate to the WLEF overhead savings derived from the closing of an individual cottage or cottages.</text>
  </paragraph>
</regulation>