SB367: SB367 Certificate of Need; health care facilities, services, and equipment dedicated exclusively to the treatment of cancer; provide for exemption

26 SB 367/CSFA Senate Bill 367 By: Senators Cowsert of the 46th, Dolezal of the 27th, Watson of the 1st, Kirkpatrick of the 32nd, Robertson of the 29th and others AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Code Section 31-6-47 of the Official Code of Georgia A nnotated, relating to1 exemptions from certificate of need requirements, so as to provide an exemption for health2 care facilities, services, and equipment dedicated primarily or exclusively to the treatment3 of cancer; to provide for conditions; to provide for an excepti on to the exemption for4 facilities within 35 miles of certain facilities; to provide fo r applicability; to provide for5 related matters; to repeal conflicting laws: and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions9 from certificate of need requirements, is amended in subsection (a) by striking "and" at the10 end of paragraph (34), by replacing the period at the end of paragraph (35) with "; and", and11 by adding a new paragraph to read as follows:12 "(36)(A) The development, expansion, acquisition, relocation, o r operation of any13 health care facility, service, or equipment that is primarily or exclusively dedicated to14 the treatment of cancer, including:15 S. B. 367 - 1 - 26 SB 367/CSFA (i) Any hospital, clinic, ambulatory surgical center, or frees tanding facility that16 provides diagnostic, therapeutic, surgical, management, or palliative care for cancer17 patients;18 (ii) Any medical technology or equipment used primarily for the detection, diagnosis,19 treatment, or research of cancer, including but not limited to radiation therapy20 machines, linear accelerators, proton therapy systems, positron emission tomography,21 and other oncological treatment modalities;22 (iii) Any outpatient services, including radiation therapy, ch emotherapy, infusion23 therapy, and precision medicine programs, dedicated primarily to cancer treatment;24 (iv) Any facility engaged in clinical trials, experimental tre atments, or research25 exclusively related to oncology;26 (v) Any hospice, rehabilitation, or supportive care facility p rimarily providing27 services to cancer patients; and28 (vi) Any expenditure or capital expenditure associated with th e construction,29 development, acquisition, or other establishment of a service, service facility, or30 equipment primarily or exclusively dedicated to the treatment of cancer.31 (B) Facilities and services operating under the exemption prov ided for in this32 paragraph shall:33 (i) Comply with all applicable federal and state regulations for oncology care;34 (ii) Submit patient volume and treatment data to the department to verify compliance35 with the exemption provided for in this paragraph; and36 (iii) Provide annual reports in the same manner and in accordance with Code Section37 31-6-70.38 (C) The exemption provided for in this paragraph shall apply regardless of ownership39 structure, affiliation with an existing hospital, or location within the state.40 (D) The exemption provided for in this paragraph shall not apply to any facility within41 35 miles of an existing nonprofit hospital designated as a sole community hospital42 S. B. 367 - 2 - 26 SB 367/CSFA pursuant to 42 C.F.R. 412.92, which offers chemotherapy or radiation therapy as of the43 effective date of this Act."44 SECTION 2.45 All laws and parts of laws in conflict with this Act are repealed. 46 S. B. 367 - 3 -