Maryland Code § EC-10-301

Section EC-10-301
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(a) In this subtitle the following words have the meanings indicated.

(b) "Authority" means the Maryland Health and Higher Educational
Facilities Authority.
(c) (1) "Bond" means a bond issued by the Authority under this subtitle.
(2) "Bond" includes a revenue bond, a revenue refunding bond, a
note, and any other obligations.
(d) "Cost", with respect to a project financed under this subtitle, includes:
(1) the purchase price of a project;
(2) the cost to acquire any right, title, or interest in a project;
(3) the cost of any improvement;
(4) the cost of any property, right, easement, and franchise;
(5) the cost of demolition, removal, or relocation of structures;
(6) the cost of acquiring land to which the structures may be moved;
(7) the cost of equipment;
(8) financing charges;
(9) interest before and during construction and, if the Authority
determines, for a limited period after the completion of construction;
(10) reserves for principal and interest and for improvements;
(11) the cost of revenue and cost estimates, architectural, engineering,
financial, and legal services, plans, specifications, studies, surveys, and other
expenses necessary or incident to determining the feasibility of improving a project;
and
(12) other expenses as necessary or incident to:
(i) financing a project;
(ii) acquiring and improving a project; and
(iii) placing a project in operation.

(e) "Educational institution" means an institution of higher education or a
noncollegiate educational institution.
(f) "Finance" includes refinance.
(g) (1) "Health care institution" means an institution in the State that is
operated by a person, a local government, or, subject to paragraph (3) of this
subsection, the State, is available to the public, and is:
(i) a nonprofit hospital as defined under § 19-301 of the
Health - General Article that:
1. is licensed as a hospital by the Secretary of Health
under § 19-318 of the Health - General Article; or
2. has obtained a certificate of need issued by the
Maryland Health Care Commission under § 19-120 of the Health - General Article,
but is not licensed as a hospital by the Secretary of Health under § 19-318 of the
Health - General Article;
(ii) a nonprofit related institution as defined under § 19-301 of
the Health - General Article that is licensed as a related institution by the Secretary
of Health under § 19-318 of the Health - General Article;
(iii) a combination of institutions listed in items (i) and (ii) of
this paragraph;
(iv) except as provided in paragraph (3) of this subsection:
1. a nonprofit comprehensive health center that
provides outpatient primary health services available to the general public; or
2. a nonprofit life care or continuing care community
that provides self-contained residence facilities for the retired or elderly;
(v) any combination of health care entities listed in item (iv) of
this paragraph;
(vi) an entity affiliated or associated with an institution listed
in items (i) through (v) of this paragraph, if the Authority determines by resolution
that the financing of a project for the entity serves the public purpose of that
institution; or

(vii) a nonprofit health service plan that holds a certificate of
authority and provides health insurance policies or contracts in the State in
accordance with the Insurance Article.
(2) "Health care institution" includes a nonprofit corporation
organized to construct or acquire an institution under paragraph (1) of this
subsection.
(3) "Health care institution" does not include a facility described in
paragraph (1)(iv) of this subsection that is owned and operated by the State, except
for the following facilities if approved by the Board of Public Works and the Joint
Audit and Evaluation Committee:
(i) a nonprofit comprehensive health center that is a medical
or health care facility of the University System of Maryland; or
(ii) a nonprofit life care or continuing care community that
provides self-contained residence facilities for the retired or elderly.
(4) For purposes of this subsection the facilities of the University of
Maryland Medical System Corporation are not considered to be owned and operated
by the State.
(h) "Improve" means to add, alter, construct, equip, expand, extend,
improve, install, reconstruct, rehabilitate, remodel, or repair.
(i) "Improvement" means addition, alteration, construction, equipping,
expansion, extension, improvement, installation, reconstruction, rehabilitation,
remodeling, or repair.
(j) (1) "Institution of higher education" means an educational
institution in the State that:
(i) by law or charter:
1. is a public or nonprofit educational institution; and
2. is authorized to provide:
A. a program of education beyond the high school level
and award a bachelor's or advanced degree; or
B. a program of 2 or more years' duration that is
accepted for full credit toward a bachelor's degree; and

(ii) meets the standards and regulations that the Maryland
Higher Education Commission prescribes, and is authorized to issue a certificate,
diploma, or degree under Title 12 of the Education Article.
(2) "Institution of higher education" includes:
(i) a community college for which a board of community
college trustees is established under § 16-101 of the Education Article;
(ii) a regional community college established under § 16-202
of the Education Article;
(iii) the Baltimore City Community College established under
§ 16-501 of the Education Article; and
(iv) the College of Southern Maryland established under § 16-
603 of the Education Article.
(3) "Institution of higher education" does not include an institution
owned and operated by the State other than an institution listed in paragraph (2) of
this subsection.
(k) "Noncollegiate educational institution" means a noncollegiate
educational institution as defined in § 2-206 of the Education Article that:
(1) has received a certificate of approval from the State Board of
Education; or
(2) is an institution operated by a bona fide church organization.
(l) "Participating institution" means a participating educational institution
or a participating health care institution that receives assistance under this subtitle.
(m) (1) With respect to an educational institution:
(i) "project" means a structure or facility that is required or
useful for an educational institution;
(ii) "project" includes:
1. a structure suitable for use as a dormitory or other
housing facility, dining hall, student union, administration building, academic

building, library, laboratory, research facility, classroom, athletic facility, health care
facility, maintenance facility, storage facility, utility facility, or parking facility; and
2. equipment and other similar items; and
(iii) "project" does not include books, fuel, supplies, or other
items that customarily result in a current operating charge.
(2) With respect to a health care institution:
(i) "project" means a structure or facility that is required or
useful for the effective operation of a health care institution;
(ii) "project" includes:
1. a structure suitable for use as a hospital, clinic, or
other health care facility, laboratory, training facility for nursing or another health
program, laundry, a residence for nurses or interns, or a parking facility; and
2. equipment and other similar items; and
(iii) "project" does not include fuel, supplies, or other items that
customarily result in a current operating charge.
(n) "Sinking fund" means a fund established under § 10-328 of this subtitle.
(o) (1) "Trust agreement" means an agreement entered into by the
Authority to secure a bond.
(2) "Trust agreement" may include a bond contract, bond resolution,
or other contract with or for the benefit of a bondholder.

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