ROBERT L. EHRLICH, JR., Governor                             Ch. 303

Article - Health - General

7-206.

(b) Subject to the appropriation process in the annual operating budget, the
Department shall use the Waiting List Equity Fund for[:

(1)     Providing community-based services to each individual who leaves a
State residential center on or after October 1, 1994; and

(2)     Providing] PROVIDING community-based services to individuals
eligible for, but not receiving, services from the Developmental Disabilities
Administration[, with the funds remaining after each individual who leaves a State
residential center on or after October 1, 1994 is served in the community].

10-208.

(a) (1) There is a continuing nonlapsing Mental Hygiene Community-Based
Services Fund.

(2) [Subject to the appropriation process, the] THE purpose of the
Mental Hygiene Community-Based Services Fund is to ensure that funds realized
from the SALE OR LEASE OF MENTAL HYGIENE ADMINISTRATION FACILITIES AS THE
RESULT OF downsizing, CONSOLIDATION, OR CLOSURE [of Mental Hygiene
Administration facilities] are used to provide community-based services.

[(3) In determining funding for the Mental Hygiene Community-Based
Services Fund, the cost of providing services to an individual in a mental hygiene
facility shall be calculated by:

(i) Dividing the mental hygiene facility's appropriation by the daily
average census reported in the mental hygiene facility's annual operating budget for
the last full year the individual was served in the mental hygiene facility prorated
over the number of months the individual is served in the community; and

(ii) Subtracting the following:

1.       The average annual itemized expenses associated with
institutional services and administrative overhead costs that are demonstrated to be
directly attributable to serving individuals remaining in the mental hygiene facility;

2.       The cost for new admissions certified in accordance with
the provisions of Subtitle 6 of this title; and

3.       The cost for court-ordered commitments.]

(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY MENTAL
HYGIENE ADMINISTRATION FACILITY IS DOWNSIZED, CONSOLIDATED, OR CLOSED,
ALL STATE PROPERTY ASSOCIATED WITH THE FACILITY THAT IS NOT TRANSFERRED
TO ANOTHER GOVERNMENTAL ENTITY SHALL BE SOLD OR LEASED AT FAIR MARKET
VALUE, AND THE NET PROCEEDS OF THE SALE OR LEASE SHALL BE DEPOSITED INTO
THE MENTAL HYGIENE COMMUNITY-BASED SERVICES FUND.

- 1125 -