Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 100.000 - Determination of Need
Section 100.615 - Final Action by the Department

Universal Citation: 105 MA Code of Regs 105.100

Current through Register 1531, September 27, 2024

(A) With respect to each Application for Determination of Need not withdrawn or dismissed, following the Submission Date, the Department shall act upon each Application by either disapproving an Application or by issuing a Notice of Determination of Need, subject to any and all applicable terms and Conditions set forth within 105 CMR 100.000, and based upon all written materials associated with a Proposed Project by adopting, amending, or rejecting the findings and recommendations, in whole or in part, within the Department staff report made pursuant to 105 CMR 100.510.

(B) The Department shall approve or disapprove, in whole or in part, each Application for a Determination of Need within four months after the Filing Date, or the date of which a permissible amendment to a pending Application was received by the Department; provided, however, that the Department may, on one occasion only, delay the action for up to two months after the Applicant has provided information which the Department has reasonably requested during the four-month period. This general requirement is subject to the following limited exemptions:

(1) In cases where the Department requests an independent cost analysis pursuant to 105 CMR 100.405(D) and M.G.L. c. Ill, § 25C(h), the four-month period shall be stayed until a final independent cost-analysis is deemed complete and accepted by the Commissioner; or

(2) A request for postponement pursuant to 105 CMR 100.555 shall stay the running of the four-month period for Department action; or

(3) The Department takes preliminary action pursuant to 105 CMR 100.620. Such action shall constitute a Final Action taken by the Department.

(C) If the Department determines that a Proposed Project satisfies each Determination of Need Factor as set forth within 105 CMR 100.210, unless otherwise expressly specified within 105 CMR 100.000, a Notice of Determination of Need shall be issued by the Department, subject to all applicable Standard and Other Conditions. Unless a different time period is required pursuant to an attached Other Condition, the effective date of the Notice of Determination of Need shall be the date of issuance of the written notification made pursuant to 105 CMR 100.625.

(D) If the Department determines that a Proposed Project does not satisfy each Determination of Need Factor as set forth within 105 CMR 100.210, unless otherwise expressly specified within 105 CMR 100.000, the Department shall disapprove an Application, and a Notice of Determination of Need shall not be issued by the Department. The effective date of the disapproval shall be the date of issuance of the written notification made pursuant to 105 CMR 100.625.

(E) The Department may dismiss the Application without making a finding. Dismissal shall be considered Final Action by the Department. The effective date of a dismissal shall be the date of issuance of the written notification made pursuant to 105 CMR 100.625. An Application may be dismissed by the Department for reasons including, but not limited to, one or more of the following grounds:

(1) The Applicant has made an improper communication to the Department, Department Staff, or Parties of Record, such that the Applicant has, in the opinion of the Department, exerted undue influence;

(2) The Applicant has made false or misleading statements, as determined by the Department, in writing or oral communication with the Department, Department Staff, or Parties of Record;

(3) The Applicant has repeatedly not complied with the provisions of 105 CMR 100.000 including, but not limited to, filing requirements;

(4) The Application is deemed by the Department not within the jurisdiction of 105 CMR 100.000;

(5) The Government Agencies with relevant licensure, certification, or other regulatory oversight of the Applicant or the Proposed Project has deemed the Proposed Project not capable of licensure; and/or

(6) The Applicant has failed to sufficiently provide written documentation of Sufficient Interest in a new or proposed Site.

(F) No changes, alterations, or amendments made to any Department Guideline issued pursuant to 105 CMR 100.000, following the Filing Date of an Application for Determination of Need, shall be applied for the purposes of said Application.

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