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 10.08.01.03 - 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) "Applicant" means a county, municipal
				  corporation or nonprofit organization that seeks to obtain State grant funds
				  under the Loan Acts.
(2)
				  "Certificate of Need" means a certificate issued by the Maryland Health Care
				  Commission under Health-General Article, §19-101 et seq., Annotated Code
				  of Maryland, for a health care project.
(3) Construction.
(a) "Construction" means construction of new
				  buildings or additions to existing buildings and initial capital equipment,
				  including plans, specifications, site improvements, surveys, and applicable
				  engineers' and architects' fees.
(b) "Construction" does not include the cost
				  of land acquisition or the cost of off-site improvements.
(4) "Department" means the Department of
				  Health and Mental Hygiene.
(5)
				  "Facility" means a nursing home that is wholly owned by and operated under the
				  authority of a:
(a) County or municipal
				  corporation; or
(b) Nonprofit
				  organization.
(6)
				  "Grantee" means a county, a municipal corporation, or a nonprofit organization
				  for which State grant funds under the Loan Act are approved by the Board of
				  Public Works.
(7) 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 similar items
				  already on hand.
(8) "Loan Act" means:
(a) The Nursing Home Loan Act of 1972,
				  Chapter 119, Acts of 1972;
(b) The
				  Nursing Home Loan Act of 1975, Chapter 656, Acts of 1975;
(c) The Nursing Home Loan Act of 1977,
				  Chapter 703, Acts of 1977;
(d) The
				  Nursing Home Loan Act of 1978, Chapter 904, Acts of 1978;
(e) The Nursing Home Loan Act of 1980,
				  Chapter 713, Acts of 1980;
(f) The
				  Nursing Home Loan Act of 1985, Chapter 304, Acts of 1985;
(g) The Nursing Home Loan Act of 1990,
				  Chapter 228, Acts of 1990; and
(h)
				  All subsequent similar legislation.
(9) "Nonprofit nursing home" means a nursing
				  home which is or will be wholly owned by and operated under the authority of a
				  nonprofit organization.
(10)
				  "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 a 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
				  nursing home, the purchase of equipment to be used in the nursing home, or the
				  expansion of the nursing home.
(11) "Nursing home" means a comprehensive
				  care facility as set forth in COMAR 10.07.02.
(12) "Nursing Home Loan Act of 1972" means
				  Chapter 119, Acts of 1972.
(13)
				  "Nursing Home Loan Act of 1975" means Chapter 656, Acts of 1975.
(14) "Nursing Home Loan Act of 1977" means
				  Chapter 703, Acts of 1977.
(15)
				  "Nursing Home Loan Act of 1978" means Chapter 904, Acts of 1978.
(16) "Nursing Home Loan Act of 1980" means
				  Chapter 713, Acts of 1980.
(17)
				  "Nursing Home Loan Act of 1985" means Chapter 304, Acts of 1985.
(18) "Nursing Home Loan Act of 1990" means
				  Chapter 228, Acts of 1990.
(19)
				  "Office of Capital Planning, Budgeting, and Engineering Services" means the
				  office within the Department designated by the Secretary to administer this
				  chapter.
(20) "Public nursing home"
				  means a nursing home that is wholly owned and operated under the authority of a
				  county or a municipal corporation.
(21) "Renovation" means the work required to
				  restore or modernize, or both, most or all of a nursing home.
(22) "Secretary" means the Secretary of
				  Health and Mental Hygiene, or a designated representative.
(23) "Wholly owned" includes leased property,
				  if the project proposed by the applicant includes:
(a) A lease agreement with the State for a
				  State-owned building or State-owned property; or
(b) A lease agreement:
(i) Which is for a minimum of 15 years
				  following the project completion or extends the right of purchase to the
				  lessee, and
(ii) In which the
				  lessor consents to the recording of a notice of the State's right of recovery,
				  under the Nursing Home Loan Act of 1990, Section 1, Paragraph (9), in the land
				  records of the county or Baltimore City in which the facility is
				  located.