Georgia CommonsHB 1263: Insurance; premiums made within three years of payment to the Commissioner; provide for a claim for a refund of certain fees and taxes
Last action March 31, 2026 · Senate Passed/Adopted By Substitute
A Senate substitute for HB 1263 would exempt cancer treatment facilities, equipment, and services from Georgia's certificate of need process, with conditions on reporting, location, and charity care.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Georgia's certificate of need law (O.C.G.A. § 31-6-47) requires state approval before many new health care facilities, services, or major equipment purchases can move forward. This bill, offered as a Senate committee substitute to HB 1263, adds a new exemption to that law for anything primarily or exclusively dedicated to treating cancer, including hospitals, clinics, surgical centers, radiation and proton therapy equipment, outpatient chemotherapy and infusion programs, oncology clinical trial sites, and hospice or rehab care for cancer patients. Facilities using the exemption must follow federal and state oncology regulations, report patient volume and treatment data to the Department of Community Health, and file annual reports like other regulated facilities. The exemption applies no matter who owns the facility or where in the state it is located, except it does not apply within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy. Facilities using the exemption must also provide charity care worth at least 3 percent of their prior year's adjusted gross revenue. Note: the bill's title referencing insurance premiums and fees does not match this substitute's actual text, which addresses certificate of need exemptions for cancer care.
What the bill does
- Adds a new exemption to Georgia's certificate of need law (O.C.G.A. § 31-6-47) for facilities, equipment, and services dedicated primarily or exclusively to cancer treatment.
- Covers a wide range of cancer-related items, including hospitals, surgical centers, radiation and proton therapy machines, outpatient chemotherapy programs, oncology clinical trial sites, and hospice care for cancer patients.
- Requires exempt facilities to follow federal and state oncology rules, report patient data to the state, and file annual reports.
- Blocks the exemption for any facility within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy.
- Requires facilities using the exemption to provide charity care for the poor equal to at least 3 percent of their prior year's adjusted gross revenue.
Who it affects
Hospitals, cancer treatment centers, ambulatory surgical centers, and companies seeking to build or expand oncology facilities or equipment in Georgia; existing sole community hospitals near proposed new cancer facilities; cancer patients seeking treatment; and the Department of Community Health, which oversees certificate of need reviews and reporting.
Why it matters
New cancer treatment facilities and equipment could open in Georgia without going through the state's certificate of need approval process, potentially speeding access to care, while existing rural sole community hospitals within 35 miles that already offer cancer treatment would keep some protection from new competing facilities.
Key provisions
- Section 1 amends O.C.G.A. § 31-6-47(a) by adding paragraph (36), creating the cancer care exemption from certificate of need requirements.
- Subparagraph (A) lists covered items: hospitals, clinics, surgical centers, specific cancer equipment, outpatient cancer services, clinical trial facilities, and hospice or supportive care for cancer patients.
- Subparagraph (B) requires exempt facilities to follow oncology regulations, submit patient data to the department, and file annual reports under O.C.G.A. § 31-6-70.
- Subparagraph (C) states the exemption applies regardless of ownership, hospital affiliation, or location in the state.
- Subparagraph (D) excludes facilities within 35 miles of an existing nonprofit sole community hospital already offering chemotherapy or radiation therapy.
- Subparagraph (E) requires facilities using the exemption to provide charity care worth at least 3 percent of the prior year's adjusted gross revenue.
- Section 2 repeals conflicting laws.
From the bill
“The development, expansion, acquisition, relocation, or operation of any health care facility, service, or equipment that is primarily or exclusively dedicated to the treatment of cancer”
“The exemption provided for in this paragraph shall not apply to any facility within 35 miles of an existing nonprofit hospital designated as a sole community hospital”
“provide uncompensated indigent and charity care in an amount equal to or greater than 3 percent of its adjusted gross revenue from the previous calendar year.”
Status timeline
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
Show full history (11 actions)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Eddie Lumsden (R, HD-012)
- Matt Reeves (R, HD-099)
- Darlene Taylor (R, HD-173)
- Matthew Gambill (R, HD-015)
- Bruce Williamson (R, HD-112)
- Bill Fincher (R, HD-023)
- Jason Anavitarte (R, SD-031)
Votes
- House voteFebruary 26, 2026
169 yea, 0 nay (6 not voting, 2 absent)
- Senate voteMarch 31, 2026
44 yea, 7 nay (0 not voting, 3 absent)
Topics
- cancer treatment
- certificate of need
- hospital regulation
- health care facilities
- rural hospitals