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<regulation prefix="Regulation" num=".02" citation="COMAR 10.08.05.02" title_num="10" subtitle_num="08" chapter_num="05" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Acquisition” means purchasing and obtaining ownership of all or part of an existing building for use as a federally qualified health center.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Act” means Health-General Article, §§24-1301—24-1307, Annotated Code of Maryland, which authorizes the disbursement of State grant funds for the purposes of conversion, acquisition, renovation, equipping, and construction of a federally qualified health center.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Admission criteria” means criteria established by a facility for admitting individuals including limitations, if any.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Applicant” means a qualified entity that has submitted an application.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Building” means:</text>
      <paragraph num="(a)">
        <text>All or part of an existing federally qualified health center;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All or part of an existing facility to be converted to a federally qualified health center; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A facility proposed to be constructed on a designated site for use as a federally qualified health center.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Capital equipment” means items that:</text>
      <paragraph num="(a)">
        <text>With normal maintenance, have a life expectancy of at least 15 years; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have durable construction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Construction.</text>
      <paragraph num="(a)">
        <text>“Construction” means construction of new buildings or additions to existing buildings, including architects' fees and capital equipment.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Construction” does not include cost of:</text>
        <paragraph num="(i)">
          <text>The demolition of improvements that return the land to unimproved condition;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The acquisition of unimproved land, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The construction of off-site infrastructure improvements, such as roads, water, and sewer.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Conversion” means the work required to transform a building or part of a building for effective use as a federally qualified health center.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Default” means:</text>
      <paragraph num="(a)">
        <text>Transfer of property that has ceased to be a federally qualified health center 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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Failure to complete a project and to obtain a required occupancy permit;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Failure to commence operation of a facility within 1 year after obtaining an occupancy permit; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Failure to qualify as a facility, as defined in §B(15) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>“Department” means the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Eligible person” means an individual who meets facility admission criteria.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Eligible work” means work for which the use of State funds is authorized under the Act.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Facility” means a building that is wholly owned by and operated under the authority of a federally qualified health center.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Federally qualified health center” has the meaning stated in Health-General Article, §24-1301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Grant” means any funds competitively awarded from any source to the applicant including a State grant.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Grantee” means a federally qualified health center that receives State grant funds under the Act, which are approved by the Board of Public Works.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Nonprofit organization” has the meaning stated in Health-General Article, §24-1301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Office of Capital Planning, Budgeting, and Engineering Services” means the unit within the Department designated by the Secretary to administer this chapter.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Operating costs” means costs associated with the operation of a federally qualified health center.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Project” means a proposed scope of work for the conversion, acquisition, renovation, equipping or construction of a facility.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Qualified entity” means:</text>
      <paragraph num="(a)">
        <text>An entity designated as a federally qualified health center;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A nonprofit organization seeking a “new start” status;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A federally qualified health center applying for a new site designation; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A federally qualified health center applying for a “change of scope” under the Federal Public Health Service Act, §330 (42 U.S.C. §254b) that:</text>
        <paragraph num="(i)">
          <text>Has been invited by the Health Resources Services Administration to submit a full application for federally qualified health center designation; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Seeks to obtain State grant funds under the Act.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(24)">
      <text>“Renovation” means restoration or modernization, or both, to an existing or proposed Federally Qualified Health Center.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Retroactive expenditure” means any cost incurred or contracted for before the application for conversion, construction, acquisition, renovation, and equipment has been received and approved by the Secretary.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Secretary” means the Secretary of Health, or a designated representative.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“State grant” means State funds awarded under the Federally Qualified Health Centers Grant Program, unless the context clearly implies otherwise.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Wholly owned” includes leased property, if the lease agreement:</text>
      <paragraph num="(a)">
        <text>Is for a minimum of 15 years following the project completion or extends the right of purchase to the lessee; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Includes a consent to the recording of a notice of the State's right of recovery, by the lessor, under Health-General Article, §24-1306, Annotated Code of Maryland, in the land records of the county or Baltimore City in which the facility is located.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>