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<regulation prefix="Regulation" num=".02" citation="COMAR 10.08.06.02" title_num="10" subtitle_num="08" chapter_num="06" 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>“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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Admission criteria” means criteria established by a facility for admitting individuals including limitations, if any.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Applicant” means a county, municipal corporation, or nonprofit organization that has submitted an application.</text>
    </paragraph>
    <paragraph num="(4)">
      <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="(5)">
      <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="(6)">
      <text>“Building” means all or part of an existing nursing facility;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Capital equipment” means items that:</text>
      <paragraph num="(a)">
        <text>With normal maintenance, have a life expectancy of at least 15 years;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have durable construction; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Are necessary to furnish a new health service not previously provided by the facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Default” means:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Failure to complete a project and to obtain required occupancy permit;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Failure to provide a new health service and commence operation within 1 year after obtaining an occupancy permit;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Failure to de-license a specified number of comprehensive nursing home beds; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Failure to provide approved health care service upon which a grant was predicated for a period of 30 years after the completion of project.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Department” means the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Eligible person” means an individual who meets facility admission criteria.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Eligible work” means that work for which the use of State funds is authorized under the Act.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Facility” means:</text>
      <paragraph num="(a)">
        <text>A facility that meets the definition of Health-General Article, §19-1401(e), Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A facility that is licensed by the Department; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A nursing facility that is wholly owned by and operated under the authority of:</text>
        <paragraph num="(i)">
          <text>A county or a municipal corporation, or both; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A nonprofit nursing facility that is wholly owned by and operated under the authority of a nonprofit organization.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>“Grant” means any funds competitively awarded from any source to the applicant including a State grant.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Grantee” means a nursing facility that receives State grant funds under the Act, which are approved by the Board of Public Works.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Nonprofit organization” has the meaning stated in Health-General Article, §24-1401, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(18)">
      <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="(19)">
      <text>“Operating costs” means costs associated with the operation of the new service.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Other health care services” means those health care services determined appropriate by the Department as stipulated in the annual grant application instructions.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Renovation” means restoration or modernization of space that results in the reduction of comprehensive care beds in an existing nursing facility.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Retroactive expenditure” means any cost incurred or contracted for before the application for conversion has been received and approved by the Secretary.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Secretary” means the Secretary of Health, or a designated representative.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“State grant” means State funds awarded under the Nursing Facility Conversion Grant Program.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Wholly owned” has the meaning stated in Health-General Article, §24-1401, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>