Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.04 - Construction Funds for Public and Nonprofit Assisted Living Facilities › Section 10.08.04.02 - 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
				  assisted living facility.
(2) "Act"
				  means Health-General Article, §§24-1001 -24-1007, Annotated Code of
				  Maryland, which authorizes the disbursement of State grant funds for the
				  purposes of conversion, acquisition, renovation, equipping, and construction of
				  an assisted living facility.
(3)
				  "Admission criteria" means criteria established by a facility for admitting
				  individuals including limitations, if any, regarding age or level of functional
				  medical impairment, or both.
(4)
				  "Assisted living facility" means a residential facility or facility-based
				  program that:
(a) Meets the definitions in
				  Health-General Article, §19-1801, Annotated Code of Maryland;
				  and
(b) Is licensed by the
				  Department under COMAR 10.07.14.
(5) "Applicant" means a county, municipal
				  corporation, or nonprofit organization that seeks to obtain State grant funds
				  under the Act.
(6) "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.
(7) "Building" means:
(a) All or part of an existing assisted
				  living facility and its surrounding real property;
(b) All or part of an existing facility to be
				  converted to assisted living and its surrounding real property; or
(c) A facility proposed to be constructed for
				  use as an assisted living facility, and its surrounding real
				  property.
(8)
				  Construction.
(a) "Construction" means
				  construction of new buildings or additions to existing buildings, including
				  architects' fees and initial capital equipment.
(b) "Construction" does not include cost of:
(i) Demolition of improvements that return
				  the land to unimproved condition; and
(ii) Unimproved land acquisition and the cost
				  of off-site infrastructure improvements, such as roads, water, and
				  sewer.
(9)
				  "Conversion" means the work required to transform a building or part of a
				  building for effective use as an assisted living facility.
(10) "Default" means:
(a) Transfer of property to a person, agency,
				  or organization that would not qualify as an applicant, or that is not approved
				  as a transferee by the Board of Public Works;
(b) Failure to complete a project and obtain
				  an occupancy permit;
(c) Failure to
				  commence operation of a facility within 1 year after obtaining an occupancy
				  permit; or
(d) Failure to qualify
				  as a facility, as defined in §B(14) of this regulation.
(11) "Department" means the
				  Department of Health and Mental Hygiene.
(12) "Eligible person" means an individual
				  who meets facility admission criteria.
(13) "Eligible work" means that work for
				  which the use of State funds is authorized under the Act.
(14) "Facility" means an assisted living
				  facility that is wholly owned by and operated under the authority of a:
(a) County or municipal corporation;
				  or
(b) Nonprofit
				  organization.
(15)
				  "Grant" means any funds competitively awarded from any source to the applicant
				  including a State grant.
(16)
				  "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.
(17) "Initial capital
				  equipment" means items that:
(a) With normal
				  maintenance, have a life expectancy of at least 15 years;
(b) Have durable construction; and
(c) Are necessary to furnish a new
				  facility.
(18)
				  "Nonprofit assisted living facility" means an assisted living facility which is
				  wholly owned by and operated under the authority of a nonprofit
				  organization.
(19) "Nonprofit
				  organization" means a bona fide religious organization, or a chartered
				  nonprofit corporation which:
(a) Is classified
				  under § 501(c) 3 of the Internal Revenue Code as a nonprofit;
				  and
(b) Has no earnings which inure
				  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.
(20) "Office of Capital Planning, Budgeting,
				  and Engineering Services" means the office within the Department designated by
				  the Secretary to administer this chapter.
(21) "Operating costs" means costs associated
				  with the operation of an assisted living facility.
(22) "Project" means an existing or proposed
				  assisted living facility which receives or has received a State grant for
				  conversion, acquisition, renovation, equipping, or construction.
(23) "Public facility" means a facility that
				  is wholly owned by and operated under the authority of a county or municipal
				  corporation.
(24) "Renovation"
				  means restoration or modernization, or both, to an existing or proposed
				  assisted living facility.
(25)
				  "Secretary" means the Secretary of Health and Mental Hygiene, or a designated
				  representative.
(26) "State grant"
				  means State funds awarded under the Assisted Living Facilities Grant Program,
				  unless the context clearly implies otherwise.
(27) "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) Includes a
				  consent to the recording of a notice of the State's right of recovery, by the
				  lessor, under Health-General Article, §24-1006, Annotated Code of
				  Maryland, in the land records of the county or Baltimore City in which the
				  facility is located.