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
Universal Citation: MD Code Reg 10.08.06.02
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) "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.
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