Md. Code Regs. 10.08.02.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.08.02.03 - Definitions

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.

Md. Code Regs. 10.08.02.03

Regulations .03 amended effective December 5, 1994 (21:24 Md. R. 1988); amended effective 43:5 Md. R. 385, eff.3/14/2016; amended effective 45:6 Md. R. 319, eff. 3/26/2018