2013 Maryland Code
ECONOMIC DEVELOPMENT
§ 10-340 - Definitions [Effective until October 1, 2013].
§10-340.
(a) In this part the following words have the meanings indicated.
(b) “Affiliate” means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.
(c) (1) “Closure cost” means costs incurred in connection with the closure or delicensing of a hospital.
(2) “Closure cost” includes expenses of operating a hospital, payments to employees, employee benefits, fees of consultants, insurance, security services, utilities, legal fees, capital costs, costs of terminating contracts with vendors, suppliers of goods and services and others, debt service, contingencies, and other necessary or appropriate costs and expenses.
(d) “Control” means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person through equity interest, membership interest, or contract other than a commercial contract for goods or nonmanagement services, or otherwise, whether or not the power is exercised or sought to be exercised.
(e) “Hospital” means an institution defined as a hospital under § 19-301 of the Health - General Article and that is licensed as a hospital by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article.
(f) “Program” means the Maryland Hospital Bond Program under this part.
(g) (1) “Public obligation” means a bond, note, evidence of indebtedness, or other obligation, to repay borrowed money issued by the Authority, the State, a unit, instrumentality, or public corporation of the State, a public body as defined in Article 31, § 9 of the Code, a county, or a municipal corporation.
(2) “Public obligation” does not include an obligation, or portion of an obligation, if:
(i) the principal of and interest on the obligation or the portion of the obligation is:
1. insured by an effective municipal bond insurance policy; and
2. issued on behalf of a hospital that voluntarily closed in accordance with § 19-120(l) of the Health - General Article; and
(ii) the proceeds of the obligation or the portion of the obligation are used to finance wholly or partly:
1. a facility or part of a facility that is used primarily to provide outpatient services at a location other than the hospital; or
2. a facility or part of a facility that is used primarily by physicians who are not employees of the hospital to provide services to nonhospital patients.
§ 10-340 - Definitions [Effective October 1, 2013].
(a) In general. -- In this part the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was Art. 43C, § 16A(b)(1) and (l)(1)(i).
** REVISOR'S NOTE
The only changes are in style.
(b) Affiliate. -- "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 43C, § 16A(l)(1)(ii).
** DEFINED TERM:
"Control" § 10-340
**
(c) Closure cost. -- **
(1) "Closure cost" means costs incurred in connection with the closure or delicensing of a hospital. **
(2) "Closure cost" includes expenses of operating a hospital, payments to employees, employee benefits, fees of consultants, insurance, security services, utilities, legal fees, capital costs, costs of terminating contracts with vendors, suppliers of goods and services and others, debt service, contingencies, and other necessary or appropriate costs and expenses.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 43C, § 16A(b)(2).
REVISOR'S NOTE
In paragraph (1) of this subsection, the former word "reasonable" is deleted and included as a substantive provision under § 10-348 of this subtitle.
"Hospital" § 10-340
**
(d) Control. -- "Control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person through equity interest, membership interest, or contract other than a commercial contract for goods or nonmanagement services, or otherwise, whether or not the power is exercised or sought to be exercised.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 43C, § 16A(l)(1)(iii).
REVISOR'S NOTE
The former phrases "controlling", "controlled by", and "under common control with" are deleted as surplusage.
"Person" § 9-101
**
(e) Hospital. -- "Hospital" means an institution defined as a hospital under § 19-301 of the Health - General Article and that is licensed as a hospital by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article.
REVISOR'S NOTE
This subsection is new language derived without substantive change from the second sentence of the introductory language of former Art. 43C, § 16A(d) as it described the institutions which may benefit from assistance under this part as contrasted with the other health care institutions eligible for assistance under other parts of this subtitle. **
(f) Program. -- "Program" means the Maryland Hospital Bond Program under this part.
REVISOR'S NOTE
This subsection is new language added to avoid repetition of the phrase "Maryland Hospital Bond Program". **
(g) Public obligation. -- **
(1) "Public obligation" means a bond, note, evidence of indebtedness, or other obligation, to repay borrowed money issued by the Authority, the State, a unit, instrumentality, or public corporation of the State, a governmental entity described in § 19-205(a) of the Local Government Article, a county, or a municipal corporation. **
(2) "Public obligation" does not include an obligation, or portion of an obligation, if: **
(i) the principal of and interest on the obligation or the portion of the obligation is: **
1. insured by an effective municipal bond insurance policy; and **
2. issued on behalf of a hospital that voluntarily closed in accordance with § 19-120(l) of the Health - General Article; and **
(ii) the proceeds of the obligation or the portion of the obligation are used to finance wholly or partly: **
1. a facility or part of a facility that is used primarily to provide outpatient services at a location other than the hospital; or **
2. a facility or part of a facility that is used primarily by physicians who are not employees of the hospital to provide services to nonhospital patients.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 43C, § 16A(b)(3).
REVISOR'S NOTE
In paragraph (1) of this subsection, the phrase "a unit" is substituted for the former phrase "any agency" for consistency with similar provisions elsewhere in the revised articles of the Code. See General Revisor's Note to article.
REVISOR'S NOTE
Also in paragraph (1) of this subsection, the defined term "county" is added for clarity.
DEFINED TERMS:
"Authority" § 10-301
DEFINED TERMS:
"Bond" § 10-301
DEFINED TERMS:
"County" § 9-101
DEFINED TERMS:
"Finance" § 10-301
DEFINED TERMS:
"Hospital" § 10-340
DEFINED TERMS:
"State" § 9-101
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