(a) The department shall determine the degree to which the costs of operating department facilities for persons with an intellectual disability in compliance with applicable standards are affected as populations in the facilities fluctuate.
(b) In making the determination, the department shall:
(1) assume that the current level of services and necessary state of repair of the facilities will be maintained; and
(2) include sufficient funds to allow the department to comply with the requirements of litigation and applicable standards.
(c) The department shall allocate to community-based intellectual disability programs any savings realized in operating department facilities for persons with an intellectual disability.