Emergency Applications

(A) Applicability. Any Person believing an Emergency Situation exists may file an Application for a Determination of Need by filing with the Department a written notification, signed under the pains and penalties of perjury by both the Applicant's chief executive officer and board chair, which sets forth the identity of the Applicant, the nature of the Emergency Situation, as well as the nature, scope, Location, and projected costs of the Proposed Project. An Application filed pursuant to 105 CMR 100.740 shall convincingly demonstrate that the Proposed Project will address the Emergency Situation, and without issuance of a Notice of Determination of Need, that the public health will be measurably harmed. (B) Other Application Processes. Unless otherwise specified by the Commissioner, an Applicant filing an Application for Determination of Need made pursuant to 105 CMR 100.740 shall be subject to the following: (1) Within 30 days of receipt of the written notification required pursuant to 105 CMR 100.740, the Commissioner shall determine whether there is, in fact, an Emergency Situation. If deemed an Emergency Situation, the Commissioner may issue a Notice of Determination of Need, notifying Parties of Record consistent with 105 CMR 100.625. The Commissioner may subsequently require a full Application for Determination of Need consistent with 105 CMR 100.405. (2) In the case of an Application for Determination of Need made pursuant to 105 CMR 100.740, notice of intent of the Application may be given after the Application has been filed with the Department. Publication of notice of intent shall otherwise be as prescribed within 105 CMR 100.405(C).