<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 10.08.01.09" title_num="10" subtitle_num="08" chapter_num="01" heading="Grant Limitations and Provisions.">
  <paragraph num="A.">
    <text>The provisions of these regulations apply to applicants for grants under the Loan Act of 1990 and subsequent similar Loan Acts.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Use of Federal Grants. Federal grants available for a project shall be applied first to the cost of construction, expansion, renovation, and equipping of an eligible nursing home, before a State grant is expended.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Limits on State Grant.</text>
    <paragraph num="(1)">
      <text>For a project without federal participation, a State grant may not be more than:</text>
      <paragraph num="(a)">
        <text>50 percent of eligible costs, unless the project is approved for poverty funding; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>75 percent of eligible costs, if a project is approved for poverty funding.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For a project with federal participation, a State grant may not be more than:</text>
      <paragraph num="(a)">
        <text>50 percent of the eligible costs remaining after the federal grant has been applied, unless the project is approved for poverty funding; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>75 percent of the eligible costs remaining after the federal grant has been applied, if a project is approved for poverty funding.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An applicant may not be eligible for retroactive participation in the cost of acquisition, construction, renovation, or purchase of equipment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The grant shall include only those expenditures incurred or contracted for after the grant award is approved by the Board of Public Works, except as provided in §E of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Poverty Funding. An applicant is eligible for poverty funding for a nursing home, if the majority of individuals served by the nursing home:</text>
    <paragraph num="(1)">
      <text>Are certified by a local department of social services as eligible for the Disability Assistance and Loan Program (DALP) or Medical Assistance;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Are eligible for Supplemental Security Income benefits; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Have income levels which do not exceed 150 percent of the federal poverty level.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Application Costs.</text>
    <paragraph num="(1)">
      <text>An applicant shall pay the costs necessary to file the application, such as the costs for appraisals, architects' fees, surveys, and test borings.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the project is recommended for funding by the Department, the Department shall review the costs expended under §E(1) of this regulation, and may recommend those costs to the Board of Public Works for inclusion in the grant award.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Matching Funds.</text>
    <paragraph num="(1)">
      <text>An applicant shall provide from other sources matching funds equal to the total eligible cost of the project less the State grant award.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An applicant may not expend matching funds before the State grant award, unless the Board of Public Works approves otherwise.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department may not consider real or personal property, in-kind contributions, or funds expended before the date a grant award is approved by the Board of Public Works as matching funds.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Prohibition Against Use of Funds for Religious Purposes.</text>
    <paragraph num="(1)">
      <text>A grantee may not use any portion of the proceeds of a State grant:</text>
      <paragraph num="(a)">
        <text>For the furtherance of sectarian religious instruction; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In connection with the design or construction of any building used or to be used as a place of sectarian religious worship or instruction, or in connection with any program or department of divinity for any religious denomination.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon the request of the Board of Public Works, the grantee shall submit evidence satisfactory to the Board that none of the proceeds of the grant has been or is being used for a purpose prohibited by the Loan Act.</text>
    </paragraph>
  </paragraph>
</regulation>