Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.06 - Construction Funds for Conversion of Nursing Facilities › Section 10.08.06.02 - 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) "Act" means Health-General Article,
				  §§24-1401 -24-1408, Annotated Code of Maryland, which authorizes the
				  disbursement of State grant funds for the purposes of converting nursing
				  facility beds to provide other health care services determined appropriate by
				  the Department.
(2) "Admission
				  criteria" means criteria established by a facility for admitting individuals
				  including limitations, if any.
(3)
				  "Applicant" means a county, municipal corporation, or nonprofit organization
				  that has submitted an application.
(4) "Application" means the forms required
				  and published by the Department, and submitted by the applicant to the Office
				  of Capital Planning, Budgeting, and Engineering Services, to apply for a State
				  grant for a project.
(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 all
				  or part of an existing nursing facility;
(7) "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 health
				  service not previously provided by the facility.
(8) "Construction" means an addition to an
				  existing nursing facility building that results in the reduction of
				  comprehensive care beds and therefore, the provision of other health care
				  services.
(9) "Conversion" means
				  the work required to modify or adapt the interior arrangement and other
				  physical characteristics of an existing nursing facility building, in order to
				  transform the facility or part of the facility for uses as stipulated in the
				  annual application instructions.
(10) "Default" means:
(a) Transfer of property to any 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 to
				  obtain required occupancy permit;
(c) Failure to provide a new health service
				  and commence operation within 1 year after obtaining an occupancy
				  permit;
(d) Failure to de-license a
				  specified number of comprehensive nursing home beds; or
(e) Failure to provide approved health care
				  service upon which a grant was predicated for a period of 30 years after the
				  completion of project.
(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:
(a) A facility that meets the definition of
				  Health-General Article, §19-1401(e), Annotated Code of Maryland;
(b) A facility that is licensed by the
				  Department; and
(c) A nursing
				  facility that is wholly owned by and operated under the authority of:
(i) A county or a municipal corporation, or
				  both; or
(ii) A nonprofit nursing
				  facility that is wholly owned by and operated under the authority of a
				  nonprofit organization.
(15) "Grant" means any funds competitively
				  awarded from any source to the applicant including a State grant.
(16) "Grantee" means a nursing facility that
				  receives State grant funds under the Act, which are approved by the Board of
				  Public Works.
(17) "Nonprofit
				  organization" has the meaning stated in Health-General Article, §24-1401,
				  Annotated Code of Maryland.
(18)
				  "Office of Capital Planning, Budgeting, and Engineering Services" means the
				  unit within the Department designated by the Secretary to administer this
				  chapter.
(19) "Operating costs"
				  means costs associated with the operation of the new service.
(20) "Other health care services" means those
				  health care services determined appropriate by the Department as stipulated in
				  the annual grant application instructions.
(21) "Project" means the approved proposed
				  scope of work by the Department for the renovation, construction, and equipping
				  of a facility in order to convert existing nursing facility bed space for other
				  health care services.
(22)
				  "Renovation" means restoration or modernization of space that results in the
				  reduction of comprehensive care beds in an existing nursing facility.
(23) "Retroactive expenditure" means any cost
				  incurred or contracted for before the application for conversion has been
				  received and approved by the Secretary.
(24) "Secretary" means the Secretary of
				  Health and Mental Hygiene, or a designated representative.
(25) "State grant" means State funds awarded
				  under the Nursing Facility Conversion Grant Program.
(26) "Wholly owned" has the meaning stated in
				  Health-General Article, §24-1401, Annotated Code of Maryland.