---
title: HB 1263. Insurance; premiums made within three years of payment to the Commissioner; provide for a claim for a refund of certain fees and taxes
collection: bills
id: 2025-2026/hb1263
cite_as: HB 1263, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1263
md_url: https://georgiacommons.org/bills/2025-2026/hb1263.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1263/text
source_url: https://www.legis.ga.gov/legislation/73056
date: 2026-03-31
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 845
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1263.md?full=1
bill_number: HB 1263
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-26
last_action: Senate Passed/Adopted By Substitute
sponsors:
- Eddie Lumsden
- Matt Reeves
- Darlene Taylor
- Matthew Gambill
- Bruce Williamson
- Bill Fincher
- Jason Anavitarte
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1263/2025
upstream_id: 2113663
summaries_model: claude-sonnet-5
topic_tags:
- cancer treatment
- certificate of need
- hospital regulation
- health care facilities
- rural hospitals
---
# HB 1263. Insurance; premiums made within three years of payment to the Commissioner; provide for a claim for a refund of certain fees and taxes
## Text
The Senate Committee on Insurance and Labor offered the following
substitute to HB 1263:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to
exemptions from certificate of need requirements, so as to provide an exemption for health
care facilities, services, and equipment dedicated primarily or exclusively to the treatment
of cancer; to provide for conditions; to provide for an exception to the exemption for
facilities within 35 miles of certain facilities; to provide for applicability; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions
from certificate of need requirements, is amended in subsection (a) by striking "and" at the
end of paragraph (34), by replacing the period at the end of paragraph (35) with "; and", and
by adding a new paragraph to read as follows:
"(36)(A) 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, including:
(i) Any hospital, clinic, ambulatory surgical center, or freestanding facility that
provides diagnostic, therapeutic, surgical, management, or palliative care for cancer
patients;
(ii) Any medical technology or equipment used primarily for the detection, diagnosis,
treatment, or research of cancer, including but not limited to radiation therapy
machines, linear accelerators, proton therapy systems, positron emission tomography,
and other oncological treatment modalities;
(iii) Any outpatient services, including radiation therapy, chemotherapy, infusion
therapy, and precision medicine programs, dedicated primarily to cancer treatment;
(iv) Any facility engaged in clinical trials, experimental treatments, or research
exclusively related to oncology;
(v) Any hospice, rehabilitation, or supportive care facility primarily providing
services to cancer patients; and
(vi) Any expenditure or capital expenditure associated with the construction,
development, acquisition, or other establishment of a service, service facility, or
equipment primarily or exclusively dedicated to the treatment of cancer.
(B) Facilities and services operating under the exemption provided for in this
paragraph shall:
(i) Comply with all applicable federal and state regulations for oncology care;
(ii) Submit patient volume and treatment data to the department to verify compliance
with the exemption provided for in this paragraph; and
(iii) Provide annual reports in the same manner and in accordance with Code Section
31-6-70.
(C) The exemption provided for in this paragraph shall apply regardless of ownership
structure, affiliation with an existing hospital, or location within the state.
(D) 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
pursuant to 42 C.F.R. 412.92, which offers chemotherapy or radiation therapy as of the
effective date of this Act.
(E) Any facility qualifying under this exemption shall 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-02-26)
- Last action: Senate Passed/Adopted By Substitute (2026-03-31)
- Sponsors: Eddie Lumsden, Matt Reeves, Darlene Taylor, Matthew Gambill, Bruce Williamson, Bill Fincher, Jason Anavitarte
- Official page: https://www.legis.ga.gov/legislation/73056
> The history, votes, and amendments (845 characters) are at https://georgiacommons.org/bills/2025-2026/hb1263.md?full=1