Sec. 10.22.15.03. Establishment of the Waiting List Equity Fund

A. 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:

(1) The individual's community placement;

(2) Community services needed to sustain the individual's community placement; and

(3) Provide community-based services to individuals not yet receiving services.

B. 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:

(1) No longer served in the SRC; and

(2) Provided community-based services as specified in Regulation .04 of this chapter.

C. In determining the contribution to the WLEF, the Administration shall calculate the cost of providing services to an individual in an SRC by:

(1) 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

(2) Subtracting the following:

(a) 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,

(b) The cost for new admissions certified with the provisions of Health-General Article, §§7-502 and 7-503, Annotated Code of Maryland,

(c) 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,

(d) The cost for court-ordered commitments, and

(e) Federal revenues under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) attributable to direct client cost.

D. The Administration shall allocate to the WLEF overhead savings derived from the closing of an individual cottage or cottages.