2484

LAWS OF MARYLAND

Ch. 713

(4) (a) For the purposes of this Act, "facility" means
a nursing home for the accommodation of convalescents or
other persons who are not acutely ill and not in need of
hospital care, but who require skilled or long-term nursing
care and other related medical services; "public facility"
means a nursing home wholly owned by and operated under the
authority of a county and/or municipality of the State of
Maryland; and "nonprofit facility" means a nursing home
wholly owned by and operated under the authority of a
nonprofit organization which meets the following
qualifications;

(i) It is a bona fide religious
organization, no part of the earnings of which inures to the
benefit of any individual or is used for any purpose other
than the maintenance and operation of the facility or the
purchase of equipment to be used in the facility or the
expansion of the facility; or

(ii) It is an organization chartered as a
nonprofit corporation, no part of the earnings of which
inures to the benefit of any individual or is used for any
purpose other than the maintenance and operation of the
facility or the purchase of equipment to be used in the
facility or the expansion of the facility, and is classified
by the Federal Internal Revenue Service as nonprofit.

(b) The term "construction" includes construction
of new buildings or additions to existing buildings and
alteration of existing buildings to meet local and State
regulatory code requirements, and initial equipment of any
such buildings; it includes architects' fees, but excludes
the cost of the acquisition of land and the cost of off-site
improvements.

(c) Prior to the authorization of any grant under
this Act for any facility, the applicant shall file with the
State Department of Health and Mental Hygiene:

(i) A financial statement setting forth the
personnel employed or to be employed, all remuneration and
perquisites for personal services and other expenses paid
or to be paid, and the expenses incurred or to be incurred
in carrying out the nursing home operation; and

(ii) The schedule of rates charged or to be
charged for services rendered.

(d) The Secretary of Health and Mental Hygiene is
hereby authorized and directed to promulgate rules and
regulations to carry out the intent of this Act. These
rules and regulations shall provide for certified annual
financial statements from each facility and may provide for
other reports. This information shall be required annually
for at least the term of the bonds authorized under this
Act.