(A) Applicability.

1. (1) Pursuant to M.G.L. c. 111, §§ 51 through 53, no Person shall be issued an Original License to establish or maintain a Hospital, a Freestanding Ambulatory Surgery Center, an inpatient unit of a Health Care Facility off the Premises of the Health Care Facility, or the placement of inpatient services at a previously-licensed outpatient satellite of a Health Care Facility, unless the Department has first issued a Notice of Determination of Need for the Proposed Project at the designated Location.
2. (2) No Person shall be issued an Original License to establish or maintain a facility licensed by a Government Agency which requires a Determination of Need as a condition of Original Licensure unless the Department has first issued a Notice of Determination of Need for the Proposed Project at the designated Location.