Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.02 - Construction Funds for Public and Nonprofit Community Mental Health, Addiction, and Developmental Disabilities Facilities › Section 10.08.02.03 - 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) "Acquisition" means purchasing and
				  obtaining ownership of all or part of an existing building for use as a
				  community mental health, addiction, or developmental disabilities
				  facility.
(2) "Act" means
				  Health-General Article, §24-601 et seq., Annotated Code of
				  Maryland.
(3) "Addiction" means a
				  disease which is characterized by a pattern of pathological use of alcohol or a
				  drug, or both, with repeated attempts to control the use and with significant
				  negative consequences in at least one of the following areas of life:
(a) Financial;
(b) Legal;
(c) Medical; or
(d) Psychosocial.
(4) "Addiction facility" means any facility
				  which provides or proposes to provide treatment for an addiction.
(5) "Applicant" means a county, a municipal
				  corporation, or a nonprofit organization that seeks to obtain State grant funds
				  under the Act.
(6) "Appropriate
				  administration" means the Behavioral Health, Developmental Disabilities, or
				  Prevention and Health Promotion Administration.
(7) "Community mental health facility" means
				  a facility where one or more of the following mental health programs is
				  provided, or is proposed to be provided:
(a)
				  Inpatient services;
(b) Outpatient
				  services;
(c) Partial care
				  services, including day care services and night care services;
(d) 24-hour emergency services;
(e) Aftercare services;
(f) Consultation services;
(g) Education services;
(h) Community rehabilitation
				  services.
(8)
				  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 and the cost of off-site improvements.
(9) "Department" means the Department of
				  Health and Mental Hygiene.
(10)
				  Developmental Disabilities Facility.
(a)
				  "Developmental disabilities facility" means any facility which provides or
				  proposes to provide services for individuals with disabilities, whether the
				  facility is hospital-based, a clinic, vocational, day, or a residential
				  site.
(b) For purposes of this
				  definition, facility does not include a Veterans' Administration
				  hospital.
(11)
				  "Facility" means a:
(a) Public community
				  mental health facility, addiction facility, or developmental disabilities
				  facility that is wholly owned by, and operated under, the authority of a county
				  or municipal corporation; or
(b)
				  Nonprofit community mental health facility, addiction facility, or
				  developmental disabilities facility that is wholly owned by, and operated
				  under, the authority of a nonprofit organization or corporation.
(12) "Grantee" means a county, a
				  municipal corporation, or a nonprofit organization or corporation for which
				  State grant funds under the Act are approved by the Board of Public
				  Works.
(13) 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 mean 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.
(14) "Nonprofit facility" means a facility
				  which is, or will be, wholly owned by and operated under the authority of a
				  nonprofit organization.
(15)
				  "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
				  organization; 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.
(16) "Office of Capital Planning, Budgeting,
				  and Engineering Services" means the office within the Department designated by
				  the Secretary to administer this chapter.
(17) "Public facility" means a facility that
				  is wholly owned by and operated under the authority of a county or a municipal
				  corporation.
(18) "Renovation"
				  means the work required to restore or modernize, or both, most or all of a
				  facility.
(19) "Secretary" means
				  the Secretary of Health and Mental Hygiene, or a designated
				  representative.
(20) Wholly Owned.
(a) "Wholly owned" includes leased property,
				  if the lease agreement is with the State for a State-owned building or
				  State-owned property.
(b) "Wholly
				  owned" includes leased property which is not State-owned, if the:
(i) Lease agreement is for a minimum of 30
				  years following the project completion or extends the right of purchase to the
				  lessee; and
(ii) Lessor consents to
				  the recording of a notice of the State's right of recovery, under
				  Health-General Article, §24-606, Annotated Code of Maryland, in the land
				  records of the county or Baltimore City in which the facility is
				  located.