Transfer of Site or Change of Designated Location

(A) No Person shall make a transfer of Site of a Health Care Facility, DoN-required Service, or DoN-required Equipment nor shall any Person change the designated Location of an Original License as outlined within 105 CMR 100.730(A), unless the Person first provides written notification to the Department, in the form and manner as required by the Commissioner, and the Department determines whether or not the proposed transfer of Site or Change of Designated Location will result in a Substantial Capital Expenditure or Substantial Change in Service. (B) No Holder that has received a previously issued Notice of Determination of Need for a project that is not yet licensed, or not yet operational if there is no requirement for a license, shall make a transfer of Site, unless the Holder first provides written notification to the Department, in the form and manner as required by the Commissioner, and the Department determines whether or not the proposed transfer of Site will result in a Substantial Capital Expenditure or Substantial Change in Service. (C) The Department shall determine based on the information supplied within the written notification whether the proposed transfer of Site or change of designated Location will either: result in a Substantial Capital Expenditure or Substantial Change in Service, and therefore will first require a Notice of Determination of Need issued pursuant to 105 CMR 100.715; or (2) shall first require a Notice of Determination of Need issued pursuant to 105 CMR 100.730. (D) Said notification to the Department shall include, at a minimum: (1) A written description of the reasons for the requested transfer of Site; (2) A written description of the current and proposed Site, including a comparison of the area in gross square feet associated with the services at each Site, and the current and proposed Primary Service Area; (3) A written description of, and comparison between, the existing and proposed patient populations served; (4) A written description of, and comparison between, existing and proposed patient access including, but not limited to, a the proposed transfer of Site or change in designated Location's impact on price, total medical expenditure, provider costs, and other recognized measures of health care spending; (5) A detailed attestation of all anticipated expenditures to be incurred as a result of the proposed transfer of Site; (6) Documentation of Sufficient Interest in the proposed Site and evidence that the Site may be used for the proposed purpose, in accordance with 105 CMR 100.705; (7) An affidavit of truthfulness, signed under the pains and penalties of perjury by the Applicant's chief executive officer and board chair; and (8) Any additional information deemed necessary by the Commissioner.