Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 100.000 - Determination of Need › Section 100.405 - Filing of Applications for Determination of Need

Current through Register 1525, July 5, 2024
(A) All materials related to an Application
			 for Determination of Need including, but not limited to, Application forms,
			 computation sheets, notification requirements, Guidelines, and other pertinent
			 documents shall be made publicly and readily available electronically at all
			 times, such as on the Department's website. Applications for Determination of
			 Need shall include, at a minimum: a statement of the Proposed Project,
			 including the Total Value; information and supporting documentation consistent
			 with
			 105 CMR
			 100.210; all applicable computation sheets; a
			 filing fee; an affidavit of truthfulness, signed under the pains and penalties
			 of perjury pursuant to
			 105 CMR
			 100.405(B); an attestation
			 of compliance with all federal, state, and local laws, including compliance
			 with M.G.L. c. 30, §§61 through 62H and the applicable regulations
			 thereunder; a disclosure of the total proposed Construction costs specifically
			 related to the Proposed Project, if any, which will be contracted out to local
			 or minority-, women-, or veteran-owned businesses; and any additional
			 requirements, attestations, or information that the Applicant wishes to place
			 before the Department, or as the Commissioner requests or requires.
(B) All Persons seeking a Notice of
			 Determination of Need shall file a completed Application, accompanied by an
			 affidavit signed under the pains and penalties of perjury by the Applicant's
			 chief executive officer and board chair and the filing fee to the Department,
			 labeled "Attn: Determination of Need Program". Simultaneous filings of
			 duplicate copies of the Application shall be required to the AGO, CHIA, HPC,
			 and to all Government Agencies with relevant licensure, certification, or other
			 regulatory oversight of the Applicant or the Proposed Project, or components
			 therein. The filing fee shall be nonrefundable and shall be $500 or 0.2% of the
			 Total Value of the Proposed Project, whichever is greater.
(C) All Persons seeking a Notice of
			 Determination of Need, or an amendment to a previously issued Notice of
			 Determination of Need, shall publish a notice of intent of its Application, and
			 of any amendment thereto at least 14 days prior to the Submission Date of such
			 Application or amendment with the Department. The notice of intent shall
			 accurately describe the Proposed Project, and shall be published prominently on
			 the website(s) for the Health Care Facility or Heath Care Facilities for which
			 the Application for Notice of Determination of Need will be submitted, and in
			 the daily newspaper(s) within the affected cities or towns of, or nearest to,
			 the Location of the Proposed Project, or as directed by the Commissioner. Every
			 notice of intent, at a minimum, and subject to amendment by the Commissioner,
			 shall conform to the following standards
(1)
Form
. The notice of intent published in the daily
			 newspaper(s) shall appear within the Legal Notice, as well as the appropriate
			 local news or interest sections of the publication, and shall be captioned:
			 "Public Announcement Concerning a Proposed Health Care Project". The notice of
			 intent shall be published prominently on the website(s) for the Health Care
			 Facility or Heath Care Facilities for which the Application for Notice of
			 Determination of Need or request for amendment to a previously issued
			 Determination of Need will be submitted and shall comport, at a minimum, with
			 the most current web accessibility standards of the Commonwealth.
(2)
Content
. The
			 notice of intent shall, at a minimum: identify the Applicant or Holder by name
			 and address; the name and address of the Health Care Facility or Health Care
			 Facilities involved or proposed; shall provide a brief and accurate description
			 of the Proposed Project, including the type of Health Care Facility or Health
			 Care Facilities involved, and the type of service(s) proposed or involved;
			 shall state the Total Value of the Proposed Project; any anticipated price or
			 service impacts on the Applicant's or Holder's Patient Panel; and, for all
			 other applications other than requests to amend a previously issued Notice of
			 Determination of Need, the notice shall contain the following statements: "Any
			 ten Taxpayers of Massachusetts may register in connection with the intended
			 Application by no later than (INSERT DATE) or 30 days from the Filing Date,
			 whichever is later, by contacting the Department of Public Health Determination
			 of Need Program (INSERT CONTACT INFORMATION AS SPECIFIED BY DEPARTMENT STAFF)."
			 Said inserted date shall be 30 days from the proposed Filing Date.
The Applicant or Holder shall simultaneously provide a copy of
				said notice of intent to the Department, all Parties of Record, and all
				carriers or third-party administrators for the payment of health care services,
				including Medicare and Medicaid, with which the Applicant or Holder contracts.
				The Commissioner may waive
				105 CMR
				100.405(C)  in the case of
				an emergency Application made pursuant to
				105 CMR
				100.740. Should the Commissioner determine
				errors existed within the Applicant's or Holder's published notice of intent
				pursuant to
				105 CMR
				100.405(C), the Applicant or
				Holder shall ensure a corrected notice of intent is published within a
				reasonable period of time, as specified by the
				Commissioner.