Ch. 460

LAWS OF MARYLAND

(d)  "Adult Day Care Center" means a nonresidential
center that:

(i) Serves the elderly, medically handicapped
adults, or victims of Alzheimer's disease and related disorders;

(ii) Meets the definition in § 14-201(b) or the
definition in § 14-301(b) of the Health - General Article of the
Code; and

(iii) Is licensed by the Department under
Chapter 10.26.01 of the Code of Maryland Regulations.

(e)  "Wholly owned" includes leased, if the:

(i) Lease is for a minimum term of 15 years
following project completion;

(ii) Lessor consents to the recording of a
notice of the State's right of recovery in the land records of
the county or Baltimore City in which the facility is located;
and

(iii) Lease agreement extends the right of
purchase to the lessee.

(5) Any county, municipal corporation, or nonprofit
organization sponsoring a project involving work specified in
Section l(3)(a)-(e) of this Act in this State may apply to the
Department for a State grant to be applied toward the cost of
that project. The application shall be directed to the Secretary
of Health and Mental Hygiene. On approval of a project and the
project plans by the Department, the Secretary shall promptly
report the application to the Board of Public Works, together.
with the Secretary's recommendation that the Board make funds
available as provided in this Act.

(6) Before the Department approves any project, the
Secretary of Health and Mental Hygiene shall have adopted
regulations to carry out this Act or this Act and and previous or
and subsequent Acts for the same purposes.

(7) The allocation and use of State funds under this Act
are subject to the following terms and conditions:

(a) State funds may be used to acquire an existing
building or part of a building for use as an Adult Day Care
Center, or to plan, design, and construct an Adult Day Care
Center, only if the local government and the Department of Health
and Mental Hygiene certify to the Board of Public Works that no
surplus school building or other public building appropriate for
use as an Adult Day Care Center exists in the area where it is
desired to locate a Center.                                                           

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