Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 100.000 - Determination of Need
Section 100.630 - Delegated Review
Universal Citation: 105 MA Code of Regs 105.100
Current through Register 1531, September 27, 2024
(A) The Department may appoint or direct the Commissioner to act on its behalf to take Final Action for certain project categories designated pursuant to 105 CMR 100.630. At a minimum, the following shall be included for delegated review and Final Action by the Commissioner:
(1) Conservation
Projects;
(2) Transfer of Site or
change of a designated Location;
(3) An Application for a Proposed Project on
behalf of a Long-term Care Facility with a maximum Capital Expenditure below
$3,000,000;
(4) An Application
deemed to be an emergency Application by the Commissioner pursuant to
105 CMR
100.740;
(5) An Application for a Proposed Project
where the Applicant is a Government Agency; and
(6) An Application submitted from an
applicant that has or is a participant in a Certified ACO for a Proposed
Project that is, in total, a DoN-required Service or DoN-required
Equipment.
(B) The Department may delegate other categories provided that such delegation is documented and made public consistent with 105 CMR 100.405(A).
(C) The Commissioner may choose, in his or her discretion, to direct the preparation of a Staff report and refer certain Applications eligible for delegated review to the Department for consideration and Final Action.
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