Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.03 - Construction Funds for Public and Nonprofit Adult Day Care Centers › Section 10.08.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acquisition" means purchasing and
				  obtaining ownership of all or part of an existing building for use as an adult
				  day care center.
(2) "Act" means
				  Health-General Article, §§24-701 -24-707, Annotated Code of Maryland,
				  which authorizes the disbursement of State grant funds for the purposes of
				  conversion, acquisition, renovation, equipping, and construction of an adult
				  day care center.
(3) "Adult day
				  care center" means a nonresidential center that:
(a) Serves the elderly, medically handicapped
				  adults, or victims of Alzheimer's disease and related disorders;
(b) Meets the definitions in Health-General
				  Article, §14-201(b) or §14-301(b), Annotated Code of Maryland;
				  and
(c) Is licensed by the
				  Department under COMAR 10.12.04.
(4) "Applicant" means a county, municipal
				  corporation, or nonprofit organization that seeks to obtain State grant funds
				  under the Act.
(5) "Board of Public
				  Works" means the Board established by Article XII of the Constitution of
				  Maryland, consisting of the Governor, the Treasurer, and the Comptroller of
				  Maryland.
(6) "Building" means:
(a) All or part of an existing or potential
				  adult day care center and its surrounding real property; or
(b) A facility proposed to be constructed for
				  use as an adult day care center, and its surrounding real property.
(7) Construction.
(a) "Construction" means constructing new
				  buildings or additions to existing buildings and initial capital equipment,
				  including architects' fees.
(b)
				  "Construction" does not include the cost of land acquisition and the cost of
				  off-site improvements.
(8) "Conversion" means the work required to
				  transform a building or part of a building for effective use as an adult day
				  care center.
(9) "Department" means
				  the Department of Health and Mental Hygiene.
(10) "Eligible work" means that work for
				  which the use of State funds is authorized under Health-General Article,
				  §§24-701 -24-707, Annotated Code of Maryland.
(11) "Facility" means an adult day care
				  center that is wholly owned by and operated under the authority of a:
(a) County or municipal corporation;
				  or
(b) Nonprofit
				  organization.
(12)
				  "Grant" means a State grant provided under the adult day care center loan
				  program, unless the context clearly implies otherwise.
(13) "Grantee" means a county, municipal
				  corporation, or nonprofit organization for which State grant funds under the
				  Act are approved by the Board of Public Works.
(14) Initial Capital Equipment.
(a) "Initial capital equipment" means items
				  which:
(i) Are necessary to furnish and
				  initially operate a facility;
(ii)
				  With normal maintenance, have a life expectancy of at least 15 years;
				  and
(iii) Are of durable
				  construction.
(b)
				  "Initial capital equipment" does not include items which:
(i) Could be easily lost, damaged, or
				  destroyed during normal usage;
(ii)
				  Could be easily stolen;
(iii) Are
				  likely to be technically obsolescent within 15 years; or
(iv) Are intended to replace a similar item
				  already on hand.
(15) "Nonprofit adult day care center" means
				  an adult day care center which is, or will be, wholly owned by and operated
				  under the authority of a nonprofit organization.
(16) "Nonprofit organization" means:
(a) A bona fide religious organization, or a
				  chartered nonprofit corporation which is classified under § 501(c) 3 of
				  the Internal Revenue Code as nonprofit; and
(b) That no part of the organization's or
				  corporation's earnings inures to the benefit of an individual or is used for
				  any purpose other than the maintenance and operation of the facility, the
				  purchase of equipment to be used in the facility, or the expansion of the
				  facility.
(17) "Office
				  of Capital Planning, Budgeting, and Engineering Services" means the office
				  within the Department designated by the Secretary to administer this
				  chapter.
(18) "Operating costs"
				  means costs associated with the operation of an adult day care
				  center.
(19) "Project" means an
				  existing or proposed adult day care center which receives or has received a
				  State grant for eligible work.
(20)
				  "Public facility" means a facility that is wholly owned by and operated under
				  the authority of a county or municipal corporation.
(21) "Renovation" means the work required to
				  restore or modernize, or both, an existing or proposed adult day care
				  center.
(22) "Secretary" means the
				  Secretary of Health and Mental Hygiene, or a designated
				  representative.
(23) "Wholly owned"
				  includes leased property, if the lease agreement:
(a) Is for a minimum of 30 years following
				  the project completion or extends the right of purchase to the lessee;
				  and
(b) Consents to the recording
				  of a notice of the State's right of recovery, by the lessor, under
				  Health-General Article, §24-706, Annotated Code of Maryland, in the land
				  records of the county or Baltimore City in which the facility is
				  located.