Transfer of Ownership - Applicability

(A) Pursuant to M.G.L. c. 111, §§ 51 through 53, no Person shall be issued an Original License for a Hospital, a Freestanding Ambulatory Surgery Center, an inpatient unit of a Health Care Facility off the Premises of the Health Care Facility, or the placement of inpatient services at a previously-licensed outpatient satellite of a Health Care Facility, unless the Department has first issued a Notice of Determination of Need for such Proposed Project at the designated Location. (B) No Person shall be issued an Original License for any facility licensed by a Government Agency which requires a Determination of Need as a condition of Original Licensure unless the Department has issued a Notice of Determination of Need for such Proposed Project at the designated Location. (C) No Notice of Determination of Need for a Transfer of Ownership shall be issued by the Department unless the Proposed Project includes the transfer of the Health Care Facility's license in its entirety to a single transferee. (D) The transferee, by operation of the Notice of Determination of Need issued pursuant to this section, becomes the Holder of any Notice of Determination of Need then held by any entity being acquired.