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September 18, 2018

DPH releases proposed amendments to Determination of Need regulation


On September 12, 2018, the Department of Public Health (“DPH”) released proposed amendments to the Determination of Need (“DoN”) regulations. Posted to our website is a copy of the staff presentation and briefing memoranda, along with the redlined regulations. Among other things, these regulatory changes have the potential to impact hospital and nursing home construction projects, hospital transfer of ownership filings, imaging providers, acute care hospital behavioral health projects as well as ambulatory surgery projects.

You can find the relevant documents here:
Staff presentation (PDF)
Briefing memoranda (PDF)
Redlined regulations (PDF)

A public hearing has been scheduled for Tuesday, October 16, 2018, at 4:00 PM in the Public Health Council Room, Second Floor, Department of Public Health, 250 Washington Street, Boston, MA, 02108. All testimony must be submitted by 5:00 p.m. on Friday, October 19, 2018.

Please contact Crystal Boom, Esq., or Andrew Levine, Esq., if you have any questions.

About the Authors

Crystal Bloom

Crystal Bloom is a partner and Chair of the firm's healthcare regulatory practice. She provides state and federal regulatory guidance and corporate legal services to healthcare providers. You can find her on LinkedIn.

Andrew Levine

Andrew Levine is the senior partner overseeing the firm’s Health Law Regulatory practice. He provides regulatory guidance, business and corporate legal services, as well as strategic advice to healthcare clients. You can find him on LinkedIn.


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