(a) The Health and Human Services Commission (HHSC) may waive the maximum prescribed funding percentage, as described in Human Resources Code §51.003(a), when at least one of the following occurs:(1) The center's income for the contract year decreased relative to the actual income received during the previous contract year. Decreases in funding caused by a center's noncompliance, negligence, or deficiencies will not be considered when making this calculation.(2) The center's HHSC award for center services increases.(b) If a center receives three or more funding waivers in a five-year period, the center may be subject to corrective action.