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Apply for a Determination of Need

Applicants will need to use the updated multi-part DoN Application Form

Determination of Need Program

The Details of Apply for a Determination of Need

What you need for Apply for a Determination of Need

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. Applicants must also 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.

Fees for Apply for a Determination of Need

The 2017 DoN regulation at 105 CMR 100.405(B) requires all applicants to pay a filing fee based on the Proposed Project’s Total Value.  Total Value is defined as:

The sum of the total Capital Expenditure of a Proposed Project; or in the case of a Transfer of Ownership…, the total capital value or the last full year of reported operating revenues, whichever is greater, of the proposed facility or facilities to be acquired at the time of the Filing Date.

The DoN regulation requires Applicants to pay a filing fee for both proposed transfers of ownership and proposed capital expenditures. For the purposes of determining Total Value for a proposed transfer of ownership, an Applicant shall total the line item for net patient service revenues of the facility or facilities proposed to be acquired in order to calculate “reported operating revenues”.

Please download the filing fee guidelines below for more detail.

How to apply Apply for a Determination of Need

All materials, and any other information that the Applicant wishes to be put before the Department, should be sent via e-mail to dph.don@state.ma.us. Do not submit hard copies.

An electronic copy of the Application shall be submitted, simultaneously, 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.

Any attachments required by the Application must also be submitted electronically. Any additional charts must be submitted in native file format.

More info for Apply for a Determination of Need

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