Authority: IC 31-25-2-18

Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5

Sec. 7. "Excess capacity" means, in cases where the actual average annual occupancy rate, as included in the cost report, is less than the minimum acceptable average annual occupancy rate as established annually by the department, for a particular residential treatment services provider or program, the difference between the:

1. (1) actual average annual occupancy rate of the residential treatment services provider's program; and
2. (2) minimum acceptable average annual occupancy rate of the residential treatment services provider's program as established annually by the department.

(Department of Child Services; 465 IAC 2-16-7; filed Apr 26, 2011, 11:20 a.m.: 20110525-IR-465100416FRA; readopted filed Jun 21, 2017, 3:25 p.m.: 20170719-IR-465170216RFA; readopted filed Feb 22, 2023, 9:25 a.m.: 20230322-IR-465230002RFA)