(a) In this subtitle the following words have the meanings indicated.
(b) (1) “Community dental clinic” means a nonprofit organization that provides dental services and is:
(i) A health care center or program that offers dental services:
1. Free of cost or on a sliding scale fee schedule; and
2. Without regard to an individual’s ability to pay; and
(ii) Wholly owned and operated under the authority of a county, municipal corporation, or nonprofit organization.
(2) “Community dental clinic” does not include a federally qualified health center or a federally qualified health center look–alike.
(c) “Nonprofit organization” means:
(1) A bona fide religious organization, no part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of a facility, the purchase of equipment to be used in a facility, or the expansion of a facility; or
(2) An organization:
(i) That is chartered as a nonprofit corporation and classified by the Internal Revenue Service as nonprofit; and
(ii) No part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of a facility, the purchase of equipment to be used in a facility, or the expansion of a facility.
(d) “Wholly owned” includes leased, if:
(1) (i) The lease is for a minimum term of 15 years following project completion; or
(ii) The lease agreement extends the right of purchase to the lessee; and
(2) The lessor consents to the recording, in the land records of the county or Baltimore City where the facility is located, of a notice of the State’s right of recovery as provided under § 24–1606 of this subtitle.