Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.01 - Construction Funds for Public and Nonprofit Nursing Homes › Section 10.08.01.07 - Assurances from Grantee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  following assurance in this section applies to all grantees receiving
				  construction funds under the Loan Acts of 1972, 1975, 1977, and 1978: For a
				  period of 15 years following the completion of a project, the grantee shall
				  operate the nursing home as a public or nonprofit nursing home and the nursing
				  home may not be sold, bargained, or transferred to a person, agency, or
				  organization not qualified under these regulations without prior written
				  approval of the Department and the Board of Public Works.
B. The following assurance in this section
				  applies to all grantees receiving construction funds under the Loan Act of
				  1980: For a period of 15 years following the completion of a project, the
				  grantee shall operate the nursing home as a public or nonprofit nursing home
				  and the nursing home may not be sold, bargained, or transferred to a person,
				  agency, or organization not qualified under these regulations without prior
				  written approval of the Secretary.
C. The following assurance in this section
				  applies to all grantees receiving construction funds under the Loan Acts of
				  1985, 1990, and subsequent similar Acts: For a period of 15 years following the
				  completion of a project, the grantee shall operate the nursing home as a public
				  or nonprofit nursing home and the nursing home may not be sold, bargained, or
				  transferred to a person, agency, or organization not qualified under these
				  regulations without prior written approval of the Board of Public
				  Works.
D. The following assurance
				  in this section applies to all grantees receiving construction funds under the
				  Loan Acts of 1972, 1975, 1977, 1978, 1980, 1985, 1990, and subsequent similar
				  Acts: The grantee shall operate and maintain the completed nursing home in
				  accordance with all applicable State and federal regulations and standards for
				  comprehensive care facilities.
E.
				  The following assurance in this section applies to all grantees receiving
				  construction funds under the Loan Acts of 1972, 1975, 1977, and 1978: Patients
				  shall be admitted without discrimination on the basis of race, creed, color,
				  sex, national origin, age, marital status, or handicap.
F. The following assurance in this section
				  applies to all grantees receiving construction funds under the Loan Acts of
				  1978, 1980, 1985, 1990, and subsequent similar Acts: The nursing home shall
				  apply the same admissions standards to all persons. A Medicaid recipient shall
				  receive the same consideration as any other candidate for admission. Quotas by
				  class of payor are not allowed.
G.
				  For those grantees receiving State funds under the Loan Acts of 1972, 1975,
				  1977, and 1978, the grantee shall agree to provide uncompensated care annually
				  at one of the following levels:
(1) A grantee
				  may advise the State that it does not intend to deny an individual admission to
				  the facility because of the individual's inability to pay;
(2) A grantee may advise the State that its
				  level of uncompensated care for individuals unable to pay shall be equal to 10
				  percent annually of all State funds received under the applicable Nursing Home
				  Loan Act;
(3) A grantee may advise
				  that the proposed level of uncompensated care shall be equal to 3 percent of
				  the difference between the facility's annual operating cost and the sum of the
				  annual Medicare and Medicaid reimbursements.