Section 100.640 - Revocation of a Previously Approved Notice of Determination of Need(A) The Department may revoke a previously issued Notice of Determination of Need for failure by the Holder to comply with all terms and Conditions of the Notice of Determination of Need. Should the Commissioner have reasonable cause to recommend revocation of a previously issued Notice of Determination of Need by the Department, the Commissioner shall comply with the following procedures: (1) The Commissioner shall make a preliminary inquiry of the Holder in order to clarify compliance with all Notice of Determination of Need terms and Conditions.(2) The Commissioner may, following preliminary inquiry, place consideration of the proposed revocation on the agenda of a Department meeting.(3) At least 21 days prior to consideration of a proposed revocation by the Department, Department Staff shall provide written notification to the Holder and all Parties of Record to the previously approved Notice of Determination of Need. Such notification shall disclose the proposed revocation, the rationale for said proposed revocation, and the rights and duties of parties and agencies notified with respect to said proposed revocation.(4) The Department shall afford an opportunity to speak to the Holder and to all parties of Record to the previously approved Notice of Determination of Need. The Department shall take action as it deems fair and appropriate.(5) Revocation by the Department pursuant to 105 CMR 100.640 shall conform to the provisions of 105 CMR 100.625.(B) In order to advance the Commonwealth's goals for cost containment, the AGO or HPC may refer to the Commissioner for review and consideration of proposed revocation by the Department, a Holder of a previously approved Notice of Determination of Need issued pursuant to 105 CMR 100.715(B)(1), who, in the opinion of AGO or HPC, has violated 105 CMR 100.310(A)(2) by utilizing such DoN-required Services or DoN-required Equipment for purposes other than the expressed approved project, including treatments and/or patient populations not approved for within the Notice of Determination of Need.Adopted by Mass Register Issue S1331, eff. 1/27/2017.Amended by Mass Register Issue 1381, eff. 12/28/2018.