• On January 11, 2017, the Massachusetts Public Health Council (PHC) approved a significant revision of the Determination of Need (“DoN”) Regulation (“Regulation”). The DoN regulations are promulgated pursuant to M.G.L. c.111,§§ 25B to 25G, §§ 51 through 53, 51A, and 71. The goal of DoN and the framework for analysis by the Department of Public Health (DPH or Department) is to promote population health and increased public health value. This means: improved health outcomes, increased quality of life, and increased access to care. In so doing, the Department hopes to incentivize competition with a public health focus, and to support the development of innovative health delivery methods and population health strategies.

    Applicants must provide sufficient evidence that a Proposed Project, on balance, is superior to alternative and substitute methods for meeting existing patient panel needs, including alternative evidence-based strategies and public health interventions. Applicants must make a clear and convincing demonstration that the Proposed Project meets each of the applicable DoN Factors.

    Applicants will use the updated DoN Application Form (“Form”). This is a two-part form: DoN Application Part 1  pdf format of DoN Application Part 1
file size 1MB and DoN Application Part 2  pdf format of DoN Application Part 2
. The Form must be completed for all Applications for DoN. The Form is provided as a guide and may be modified from time to time to reflect changes in the DoN review process. The Form will become a part of the record through which the Applicant is required to make a clear and convincing demonstration that the Proposed Project meets all applicable DoN Factors.

    The Department may publish Sub-regulatory Guidelines that will inform the DoN process. Applicants are advised to review any and all Guidelines in the context of preparing their Application.

    Contact Information

    Determination of Need Program
    Massachusetts Department of Public Health
    250 Washington Street, 6th Floor
    Boston, MA 02108
    Tel. 617-624-5690
    Email: dph.don@state.ma.us


    This information is provided by the Determination of Need (DoN) within the Department of Public Health.