Section 4230.16. Provision for mandated service

(a) If the waiver is granted, the county mental health and mental retardation program is not required to provide the mandated service for the fiscal year for which the waiver was granted.

(b) If a waiver is granted and the Department decides to provide the service according to section 508(b) of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4508(b)), the county mental health and mental retardation program is liable for the total county share for the service waived, under section 508(c) of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4508(c)). The county’s mental health and mental retardation allocation shall be reduced by the total State amount expended in the fiscal year immediately preceding the fiscal year of the waiver, for the service waived. The actual amount reduced from the county’s mental health and mental retardation allocation is deducted in the year of the waiver.

(c) If a waiver is granted, and the Department decides not to provide the service according to section 508(b) of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4508(b)), the county mental health and mental retardation allocation shall be reduced by the total State amount expended in the fiscal year immediately preceding the fiscal year of the waiver, for the service waived. The actual amount reduced from the county’s mental health and mental retardation allocation is deducted in the year of the waiver.

(d) If the waiver is denied, the county mental health and mental retardation program shall provide the service for which the waiver was requested.