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State Statutes - Maryland - Article Maryland Health and Higher Educational Facilities Authority - (g43C) - Section 3
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Section 3

      As used in this article, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent:

      (a)      "Authority" means the Maryland Health and Higher Educational Facilities Authority created by § 4 of this article or any board, body, commission, department, or officer succeeding to the principal functions thereof.

      (b)      "Project", in the case of a participating institution for higher education or noncollegiate educational institution, means 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, and maintenance, storage, or utility facility and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education or a noncollegiate educational institution, including parking and other facilities or structures essential or convenient for the orderly conduct of an institution for higher education or a noncollegiate educational institution and shall also include equipment and machinery and other similar items essential or convenient for the operation of an institution for higher education or a noncollegiate educational institution in the manner for which its use is intended but shall not include such items as books, fuel, supplies or other items which are customarily deemed to result in a current operating charge; and "project", in the case of a participating hospital, means a structure suitable for use as a hospital, clinic, or other health care facility, laboratory, training facilities for nursing and other health programs, laundry, nurses' or interns' residence, and such other structure or facilities necessary or useful for the effective operation of a hospital, including parking and other facilities or structures essential or convenient for the orderly operation of a hospital, and shall also include equipment and machinery and other similar items essential or convenient for the operation of a hospital in the manner for which its use is intended but shall not include such items as fuel, supplies or other items which are customarily deemed to result in a current operating charge.

      (c)      "Cost" as applied to a project or any portion thereof financed or refinanced under the provisions of this article shall embrace the cost of construction, reconstruction, and renovation, and acquisition of all lands, structures, property, real or personal, rights, rights-of-way, franchises, easements and interests acquired by the Authority or by a participating institution for higher education or noncollegiate educational institution or by a participating hospital for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if deemed advisable by the Authority, for a limited period after completion of such construction, interest and reserves for principal and interest and for extensions, enlargements, additions and improvements, cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing or refinancing of such construction and acquisition and placing of the project in operation.

      (d)      "Construction" as applied to a project or any portion thereof financed or refinanced under the provisions of this article shall include reconstruction and renovation.

      (e)      "Bonds" or the words "revenue bonds" shall mean revenue bonds of the Authority issued under the provisions of this article, including revenue refunding bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit of a participating institution for higher education or noncollegiate educational institution or a participating hospital or any other lawfully pledged security of a participating institution for higher education or noncollegiate educational institution or a participating hospital. The terms shall also include notes of the Authority issued pursuant to §§ 10 and 11 of this article.

      (f)      (1)      (i)      "Institution for higher education" shall mean an educational institution situated within the State which by virtue of law or charter is a public or other nonprofit educational institution empowered to provide a program of education beyond the high school level and awards a bachelor's or advanced degree or provides a program of not less than two (2) years' duration which is accepted for full credit toward a bachelor's degree, and which meets the standards, rules and regulations prescribed by the Maryland Higher Education Commission and is thereby empowered to issue a certificate, diploma or degree pursuant to Title 12 of the Education Article of the Maryland Code. Except as provided in subparagraph (ii) of this paragraph, this term shall not mean any institution owned and operated by the State.

                  (ii)      "Institution for higher education" includes:

                        1.      A community college for which a board of community college trustees is established under § 16-101 of the Education Article;

                        2.      A regional community college established under § 16-202 of the Education Article;

                        3.      The Baltimore City Community College established under § 16-501 of the Education Article; and

                        4.      The College of Southern Maryland established under § 16-603 of the Education Article.

            (2)      "Noncollegiate educational institution" means an institution as defined in § 2-206 of the Education Article that:

                  (i)      Has received a certificate of approval from the State Board of Education; or

                  (ii)      Is an institution operated by a bona fide church organization.

      (g)      "Participating institution for higher education or noncollegiate educational institution" shall mean an institution for higher education or noncollegiate educational institution which, pursuant to the provisions of this article, shall undertake the financing, refinancing, construction or acquisition of a project or shall undertake the refunding or refinancing of bonds, mortgages, advances, loans, or other obligations as provided in and permitted by this article.

      (h)      (1)      "Hospital" means a hospital, a related institution or a combination of a hospital and a related institution, located within this State and either meeting the requirements of and having a license or licenses as required by § 19-318 of the Health - General Article or, in the case of a new institution, having a prelicensing certification or recertification from the State Health Planning and Development Agency and being or to be, in fact, a health care facility available to the general public maintained and operated as a nonprofit institution by some person, association, municipal or other corporation, or other agency, or a nonprofit corporation organized for the purpose of constructing or acquiring such a hospital, related institution or combination of a hospital and a related institution.

            (2)      "Hospital" includes:

                  (i)      Nonprofit comprehensive health centers providing out-patient primary health services available to the general public, but does not include any facility as described in this item which is owned and operated by the State, except that with the approval of the Board of Public Works and the Joint Audit Committee of the General Assembly the term includes medical or health care facilities of the University System of Maryland;

                  (ii)      Nonprofit life care or continuing care communities providing self-contained residence facilities for the retired or elderly, but does not include any facility as described in this item which is owned and operated by the State unless approved by the Board of Public Works and the Joint Audit Committee of the General Assembly;

                  (iii)      Any combination of any of the facilities and centers enumerated in items (i) and (ii) of this paragraph;

                  (iv)      Any entity affiliated or associated with a hospital, as defined in paragraph (1) of this subsection or item (i), (ii), or (iii) of this paragraph, provided that the Authority determines by resolution that the financing of a project for that entity serves the public purposes of the hospital; and

                  (v)      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.

            (3)      Facilities of the University of Maryland Medical System Corporation shall not be deemed to be owned and operated by the State.

      (i)      "Participating hospital" means a hospital which, pursuant to the provisions of this article, shall undertake the financing, refinancing, construction or acquisition of a project or shall undertake the refunding or refinancing of bonds, mortgages, advances, loans, or other obligations as provided in and permitted by this article.


 
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