Md. Code Regs. 10.08.03.02

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

Section 10.08.03.02 - 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 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.

Md. Code Regs. 10.08.03.02

Regulations .02 amended effective August 1, 1994 (21:15 Md. R. 1305); amended effective 45:6 Md. R. 319, eff. 3/26/2018