105 CMR 130.108
Condition of Licensure
(A) Each hospital shall participate in risk management programs as required under
M.G.L. c. 111, § 203(d).
(B) Applicants for a license for an acute-care hospital must submit a plan, to be approved by
the Department, for the provision of community benefits, including the identification and
provision of essential health services. In approving the plan, the Department may take into
account the applicant's existing commitment to primary and preventive health care services and
community contributions as well as the primary and preventive health care services and
community contributions of any predecessor hospital. The Department may waive this
requirement, in whole or in part, at the request of the applicant which has provided or at the time
the application is filed, is providing substantial primary and preventive health care services and
community contributions in its service area. The Department may consider a hospital’s
community benefits plan that is filed with the Attorney General’s office or with the Department
in compliance with the Determination of Need program and has been made public, to meet the
requirements of 130 CMR 130.108.
(C) Each hospital shall comply with all applicable state and federal statutes and regulations
pertaining to health care facilities.