Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 08 - HEALTH FACILITIES GRANTS
Chapter 10.08.03 - Construction Funds for Public and Nonprofit Adult Day Care Centers
Section 10.08.03.02 - Definitions
Universal Citation: MD Code Reg 10.08.03.02
Current through Register Vol. 51, No. 19, September 20, 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 adult
day care center.
(2) "Act" means
Health-General Article, §§24-701 -24-707, Annotated Code of Maryland,
which authorizes the disbursement of State grant funds for the purposes of
conversion, acquisition, renovation, equipping, and construction of an adult
day care center.
(3) "Adult day
care center" means a nonresidential center that:
(a) Serves the elderly, medically handicapped
adults, or victims of Alzheimer's disease and related disorders;
(b) Meets the definitions in Health-General
Article, §14-201(b) or §14-301(b), Annotated Code of Maryland;
and
(c) Is licensed by the
Department under COMAR 10.12.04.
(4) "Applicant" means a county, municipal
corporation, or nonprofit organization that seeks to obtain State grant funds
under the Act.
(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:
(a) All or part of an existing or potential
adult day care center and its surrounding real property; or
(b) A facility proposed to be constructed for
use as an adult day care center, and its surrounding real property.
(7) Construction.
(a) "Construction" means constructing new
buildings or additions to existing buildings and initial capital equipment,
including architects' fees.
(b)
"Construction" does not include the cost of land acquisition and the cost of
off-site improvements.
(8) "Conversion" means the work required to
transform a building or part of a building for effective use as an adult day
care center.
(9) "Department" means
the Department of Health and Mental Hygiene.
(10) "Eligible work" means that work for
which the use of State funds is authorized under Health-General Article,
§§24-701 -24-707, Annotated Code of Maryland.
(11) "Facility" means an adult day care
center that is wholly owned by and operated under the authority of a:
(a) County or municipal corporation;
or
(b) Nonprofit
organization.
(12)
"Grant" means a State grant provided under the adult day care center loan
program, unless the context clearly implies otherwise.
(13) "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.
(14) 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 a similar item
already on hand.
(15) "Nonprofit adult day care center" means
an adult day care center which is, or will be, wholly owned by and operated
under the authority of a nonprofit organization.
(16) "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 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 facility, the
purchase of equipment to be used in the facility, or the expansion of the
facility.
(17) "Office
of Capital Planning, Budgeting, and Engineering Services" means the office
within the Department designated by the Secretary to administer this
chapter.
(18) "Operating costs"
means costs associated with the operation of an adult day care
center.
(19) "Project" means an
existing or proposed adult day care center which receives or has received a
State grant for eligible work.
(20)
"Public facility" means a facility that is wholly owned by and operated under
the authority of a county or municipal corporation.
(21) "Renovation" means the work required to
restore or modernize, or both, an existing or proposed adult day care
center.
(22) "Secretary" means the
Secretary of Health and Mental Hygiene, or a designated
representative.
(23) "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) Consents to the recording
of a notice of the State's right of recovery, by the lessor, under
Health-General Article, §24-706, Annotated Code of Maryland, in the land
records of the county or Baltimore City in which the facility is
located.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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