(b) Programs will operate at least five days a week. Adjustment may be made in the hours or days of operation:

1. (1) To accommodate working relatives of participants.
2. (2) In response to other special circumstances.

(c) New programs may be initiated with fewer than six hours per day or less than five days per week for the first six months of operation or until full licensed capacity is reached, whichever occurs first.

1. (1) An adult day health care provider shall not operate less than five days a week or six hours a day after the first six months of operation without written prior approval of the Department. The Department shall consider the following factors in making its decision:

   1. (A) Location of the center.
   2. (B) Density of population.
   3. (C) Average daily attendance.
   4. (D) Availability of transportation and meals from other agencies.
   5. (E) Needs of the participants currently served at the center.
2. (2) Minimum operation after the sixth month shall be not less than four hours a day and three days a week.