1. A. An applicant shall direct an application for State grant funds authorized by the Loan Act of 1990 and subsequent similar Loan Acts to the Office of Capital Planning, Budgeting, and Engineering Services.
2. B. The Department shall provide notice and information to the State Clearinghouse for intergovernmental review in accordance with COMAR 14.24.04.

3. C. At the time of filing the application required by §A of this regulation, the applicant shall file a written statement with the Department containing the following material:

   1. (1) Current or intended program of services;
   2. (2) Admission policies for the nursing home;
   3. (3) Agreement to admit patients without discrimination on the basis of race, religion, national origin, creed, or color;
   4. (4) The number of personnel employed or to be employed at the nursing home, by occupation, and all perquisites, salaries, and any other funds paid or to be paid to these personnel;
   5. (5) Expenses incurred or to be incurred in operating the nursing home;
   6. (6) The schedule of rates charged or to be charged for services rendered;
   7. (7) If the nursing home is operating, a current, certified profit-and-loss statement and balance sheet for the most current fiscal year; and
   8. (8) If the applicant is applying for poverty funding under Regulation .09D of this chapter, an agreement that the majority of the individuals served by the applicant shall be poverty-designated clients, as defined in Regulation .09D of this chapter, for each year for a period of 15 years following the completion of the nursing home.

4. D. If the application meets all pertinent criteria, the Secretary, in the Secretary's discretion, may approve that application and, if approved, shall recommend the application to the Board of Public Works, together with a written report stating that:

   1. (1) Notice and information have been provided to the State Clearinghouse;
   2. (2) The application has been approved by the Secretary, and when a federal grant is involved, the application has also been approved by the Secretary of Health and Human Services or other appropriate federal authority; and
   3. (3) The Secretary recommends that the Board of Public Works make available to the applicant State grant funds.

Authority: Health-General Article, §2-104(b), Annotated Code of Maryland; Ch. 228, Acts of 1990

Effective date:

Regulations .01—.09 adopted as an emergency provision effective November 13, 1985 (12:25 Md. R. 2469); emergency status expired March 13, 1986

Regulations .01—.09 adopted as an emergency provision effective April 2, 1986 (13:9 Md. R. 1019) (Emergency provisions are temporary and not printed in COMAR)

Regulations .01—.09 adopted effective July 12, 1986 (13:13 Md. R. 1491)

Chapter recodified from COMAR 10.08.19 to 10.08.01 and amended effective February 23, 1987 (14:4 Md. R. 417)

Regulations .01 and .03—.10 amended effective December 5, 1994 (21:24 Md. R. 1988)

Regulation .02 repealed effective December 5, 1994 (21:24 Md. R. 1988)

Regulation .03B amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .04A amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .06A amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .08B amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .09C amended effective March 26, 2018 (45:6 Md. R. 319)

Annotation: The following chapters were originally adopted to govern the administration of construction funds for public and non-profit nursing homes. These chapters were repealed effective February 23, 1987 (14:4 Md. R. 417) and replaced by the current COMAR 10.08.01:

10.08.01 (1968) effective February 17, 1969; amended effective June 30, 1969 and June 11, 1975 (2:13 Md. R. 930)

10.08.02 (1972) effective April 5, 1973; amended effective June 11, 1975 (2:13 Md. R. 930)

10.08.03 (1975) effective September 17, 1975 (2:21 Md. R. 1340)

10.08.08 (1977) effective March 24, 1978 (5:6 Md. R. 465)

10.08.11 (1978) effective April 20, 1979 (6:8 Md. R. 656)

10.08.13 (1980) effective as an emergency provision August 11, 1980 (7:20 Md. R. 1872); effective permanently December 12, 1980 (7:25 Md. R. 2336)