(a) (1) The Department shall ensure that at any given time at least 50% of the eligible individuals receiving financial assistance under the Program are:

(i) gainfully employed;

(ii) actively seeking employment; or

(iii) attending an institution of postsecondary or higher education, as defined in § 10-101 of the Education Article.

(2) The remainder of the eligible individuals receiving financial assistance under the Program shall be individuals who:

(i) reside in a nursing facility or similar institution licensed to provide chronic or intermediate care and who will be deinstitutionalized as a result of the Program; or

(ii) are certified by an attending physician or certified nurse practitioner as being at risk of placement in a nursing facility or similar institution licensed to provide chronic or intermediate care if attendant care services are not received in the community.

(b) (1) Subject to the availability of funds, the Secretary may waive the proportional requirement of subsection (a)(1) of this section in the event there is a waiting list of eligible individuals described in subsection (a)(2) of this section.

(2) The Secretary may adopt regulations to establish priorities and procedures for a waiting list of eligible individuals.

(3) An eligible individual receiving financial assistance may not be removed from the Program to achieve the proportional requirement under subsection (a)(1) of this section.

(c) Financial assistance provided under the Program may not duplicate any other State or federal assistance for attendant care services that an eligible individual receives.

(d) The Department shall limit participation in the Program to the number of eligible individuals who can be served with the funds appropriated for the Program in the State budget.

(e) Each year, the Department shall review the eligibility of each individual receiving financial assistance.