1. A. An applicant shall apply for a grant to be used for construction, acquisition, renovation, and equipping of a facility by filing an application with the Department on a form provided by the Department.
2. B. An applicant shall direct an application for State grant funds to the Office of Capital Planning, Budgeting, and Engineering Services.
3. C. The Department shall provide notice and information to the State Clearinghouse for intergovernmental review in accordance with COMAR 14.24.04.
4. D. The applicant shall comply with the application procedures in effect at the time of application, as prescribed by applicable federal and State regulations.

5. E. At the time of filing the application, and before the authorization of an award of State grant funds, the applicant shall file a written statement with the Department containing the following materials:

   1. (1) Current or intended program of services;

   2. (2) The facility's admission policies, including:

      1. (a) Statements in which the applicant shall:

         1. (i) Agree to admit individuals on the basis of their need for services without regard to race, national origin, color, disability, religion, or ability to pay,
         2. (ii) According to law and these regulations, define clearly proposed limitations, if any, regarding age groups, illness, or disorder categories, and
         3. (iii) Give priority to individuals for admission to the facility who are certified by a local department of social services for assistance, and to individuals of low income;

      2. (b) For an applicant serving or intending to serve individuals in a developmental disabilities facility, an agreement to:

         1. (i) Serve only those clients for whom the Developmental Disabilities Administration has authorized services in accordance with COMAR 10.22.18 or Health-General Article, §7-403, Annotated Code of Maryland, or
         2. (ii) Obtain written permission from the Director, Developmental Disabilities Administration, before serving individuals not funded by the Developmental Disabilities Administration;
   3. (3) The number of personnel employed or to be employed at the facility, by occupation, and all perquisites, salaries, and other funds paid, or to be paid, to these personnel;
   4. (4) Expenses incurred, or to be incurred, in carrying out qualified facilities operations;
   5. (5) The schedule of rates charged, or to be charged, for services rendered;
   6. (6) If a facility is currently operating, a certified, audited profit-and-loss statement and balance sheet for the most current year; and
   7. (7) If the applicant is applying for poverty funding under Regulation .07E of this chapter, an agreement that the majority of the individuals served by the applicant shall be poverty-designated clients, as defined in Regulation .07E of this chapter, for each year for a period of 30 years following the completion or acquisition of the facility.

6. F. 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 in the application 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, §§2-102, 24-601, et seq., Annotated Code of Maryland

Effective date: February 23, 1987 (14:4 Md. R. 417)

Regulations .01 and .03—.10 amended and Regulation .02 repealed effective December 5, 1994 (21:24 Md. R. 1988)

Regulation .03B amended effective March 14, 2016 (43:5 Md. R. 385); March 26, 2018 (45:6 Md. R. 319)

Regulation .05B amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .07D amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .07E amended effective March 9, 1998 (25:5 Md. R. 369)

Regulation .09B 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 nonprofit community mental health center components, addiction facilities, and developmental disabilities facilities. These chapters were repealed effective February 23, 1987 (14:4 Md. R. 417) and replaced by the current COMAR 10.08.02:

10.08.04 (1972) effective April 26, 1973; amended effective July 7, 1976 (3:14 Md. R. 746)

10.08.05 (1973) effective April 30, 1975 (2:9 Md. R. 677); amended effective July 7, 1976 (3:14 Md. R. 746)

10.08.06 (1974) effective September 17, 1975 (2:21 Md. R. 1340)

10.08.07 (1975) effective July 7, 1976 (3:14 Md. R. 747)

10.08.09 (1977) effective March 24, 1978 (5:6 Md. R. 466)

10.08.10 (1978) effective May 4, 1979 (6:9 Md. R. 727)

10.08.12 (1979) effective February 22, 1980 (7:4 Md. R. 347)

10.08.14 (1980) effective April 17, 1981 (8:8 Md. R. 720)

10.08.15 (1981) effective as an emergency provision July 15, 1981 (8:15 Md. R. 1296); effective permanently November 23, 1981 (8:23 Md. R. 1855)

10.08.16 (1982) effective January 17, 1983 (10:1 Md. R. 29)

10.08.17 (1983) effective as an emergency provision August 24, 1983 (10:19 Md. R. 1684); effective permanently March 12, 1984 (11:5 Md. R. 462)

10.08.18 (1984) effective as an emergency provision August 15, 1984 (11:18 Md. R. 1578); effective permanently December 31, 1984 (11: 26 Md. R. 2278)