.04 Eligibility of Applicant for State Funds.

A. To be eligible for State funds under the Loan Act of 1990 and subsequent similar Loan Acts, an applicant:

(1) Shall be a county, a municipal corporation, or a nonprofit organization;

(2) That is a nonprofit organization shall verify its nonprofit status to the Department through its articles of incorporation, or appropriate documentation from the Internal Revenue Service classifying the organization as nonprofit;

(3) Shall have a Certificate of Need from the Maryland Health Care Commission, if a Certificate of Need is required for the project;

(4) Shall be eligible for certification to participate in the Medical Assistance Program and shall agree to participate;

(5) Shall certify that the nursing home meets the requirements of 42 U.S.C. §12101 et seq.; and

(6) Shall be approved by the Secretary to receive a grant award.

B. In determining the site or location of a facility, an applicant may not make a selection with the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any programs to which this chapter applies, on the grounds of race, color, religion, disability, or national origin, or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Loan Act of 1990 or this chapter.