Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 08 - HEALTH FACILITIES GRANTS › Chapter 10.08.05 - Construction Funds for Federally Qualified Health Centers › Section 10.08.05.02 - 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 a
				  federally qualified health center.
(2) "Act" means Health-General Article,
				  §§24-1301 -24-1307, Annotated Code of Maryland, which authorizes the
				  disbursement of State grant funds for the purposes of conversion, acquisition,
				  renovation, equipping, and construction of a federally qualified health
				  center.
(3) "Admission criteria"
				  means criteria established by a facility for admitting individuals including
				  limitations, if any.
(4)
				  "Applicant" means a qualified entity that has submitted an
				  application.
(5) "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.
(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 federally
				  qualified health center;
(b) All or
				  part of an existing facility to be converted to a federally qualified health
				  center; or
(c) A facility proposed
				  to be constructed on a designated site for use as a federally qualified health
				  center.
(8) "Capital
				  equipment" means items that:
(a) With normal
				  maintenance, have a life expectancy of at least 15 years; and
(b) Have durable construction.
(9) Construction.
(a) "Construction" means construction of new
				  buildings or additions to existing buildings, including architects' fees and
				  capital equipment.
(b)
				  "Construction" does not include cost of:
(i)
				  The demolition of improvements that return the land to unimproved
				  condition;
(ii) The acquisition of
				  unimproved land, and
(iii) The
				  construction of off-site infrastructure improvements, such as roads, water, and
				  sewer.
(10)
				  "Conversion" means the work required to transform a building or part of a
				  building for effective use as a federally qualified health center.
(11) "Default" means:
(a) Transfer of property that has ceased to
				  be a federally qualified health center 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 a required 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(15) of this regulation.
(12) "Department" means the Department of
				  Health and Mental Hygiene.
(13)
				  "Eligible person" means an individual who meets facility admission
				  criteria.
(14) "Eligible work"
				  means work for which the use of State funds is authorized under the
				  Act.
(15) "Facility" means a
				  building that is wholly owned by and operated under the authority of a
				  federally qualified health center.
(16) "Federally qualified health center" has
				  the meaning stated in Health-General Article, §24-1301, Annotated Code of
				  Maryland.
(17) "Grant" means any
				  funds competitively awarded from any source to the applicant including a State
				  grant.
(18) "Grantee" means a
				  federally qualified health center that receives State grant funds under the
				  Act, which are approved by the Board of Public Works.
(19) "Nonprofit organization" has the meaning
				  stated in Health-General Article, §24-1301, Annotated Code of
				  Maryland.
(20) "Office of Capital
				  Planning, Budgeting, and Engineering Services" means the unit within the
				  Department designated by the Secretary to administer this chapter.
(21) "Operating costs" means costs associated
				  with the operation of a federally qualified health center.
(22) "Project" means a proposed scope of work
				  for the conversion, acquisition, renovation, equipping or construction of a
				  facility.
(23) "Qualified entity"
				  means:
(a) An entity designated as a federally
				  qualified health center;
(b) A
				  nonprofit organization seeking a "new start" status;
(c) A federally qualified health center
				  applying for a new site designation; or
(d) A federally qualified health center
				  applying for a "change of scope" under the Federal Public Health Service Act,
				  § 330 (42 U.S.C. §
													254b) that:
(i) Has been invited by the Health Resources
				  Services Administration to submit a full application for federally qualified
				  health center designation; and
(ii)
				  Seeks to obtain State grant funds under the Act.
(24) "Renovation" means
				  restoration or modernization, or both, to an existing or proposed Federally
				  Qualified Health Center.
(25)
				  "Retroactive expenditure" means any cost incurred or contracted for before the
				  application for conversion, construction, acquisition, renovation, and
				  equipment has been received and approved by the Secretary.
(26) "Secretary" means the Secretary of
				  Health and Mental Hygiene, or a designated representative.
(27) "State grant" means State funds awarded
				  under the Federally Qualified Health Centers Grant Program, unless the context
				  clearly implies otherwise.
(28)
				  "Wholly owned" includes leased property, if the lease agreement:
(a) Is for a minimum of 15 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, §24-1306, Annotated Code of Maryland, in the land
				  records of the county or Baltimore City in which the facility is
				  located.