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House · Engrossed · 2025-2026 Regular Session

HB 1393: Hospitals; allow rural hospitals to join together to allow further purchasing power with third-party payors but retain their independence

Last action March 31, 2026 · Senate Tabled

A Georgia Senate substitute for HB 1393 would largely end the state's certificate of need system for healthcare facilities, keeping it only for skilled nursing facilities, while letting rural hospital authorities merge, share services, and jointly negotiate with insurers without facing state antitrust liability.

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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 the General Assembly's website lists.

In plain language

Georgia currently requires most hospitals and healthcare facilities to get a 'certificate of need' (state permission based on need and cost) before building, expanding, or offering new services. This bill repeals that requirement for nearly every type of facility, but keeps a certificate of need program specifically for skilled nursing facilities, run by the Department of Community Health. It rewrites the rules for how that narrower program works: applications, indigent care conditions, appeal hearings before a reconstituted Certificate of Need Appeal Panel, revocation, fines, and exemptions. The bill also makes dozens of conforming changes across other titles of Georgia law to remove references to certificate of need requirements that no longer apply. Separately, it creates a new legal framework letting rural hospital authorities (in counties under 50,000 people) merge, share staff, jointly negotiate with insurers, and collaborate with up to two other rural hospital authorities, while granting them immunity from federal and state antitrust laws after notice to and review by the Attorney General. The law would take effect as soon as the Governor signs it.

What the bill does

  • Repeals Georgia's certificate of need requirement (Chapter 6 of Title 31) for nearly all healthcare facilities except skilled nursing facilities, which keep a revised certificate of need program run by the Department of Community Health.
  • Creates a reconstituted five-member Certificate of Need Appeal Panel to hear appeals of skilled nursing facility certificate decisions, with set timelines for hearings and judicial review.
  • Sets penalties for skilled nursing facilities that operate without a required certificate of need, ranging from $5,000 to $25,000 per day depending on how long the violation continues.
  • Deems any pending certificate of need applications and appeals for non-skilled-nursing facilities withdrawn or dismissed as of the bill's effective date.
  • Creates a new legal framework allowing rural hospital authorities to merge, share staff, jointly purchase supplies, and jointly negotiate with insurers with up to two other rural hospital authorities.
  • Grants rural hospital authorities immunity from federal and state antitrust laws for these collaborative activities, subject to notice to and review by the Attorney General.

Who it affects

Hospitals, nursing homes, ambulatory surgical centers, imaging centers, and other healthcare facilities statewide that currently need certificates of need; skilled nursing facilities specifically, which remain under the revised program; the Department of Community Health and its new appeal panel; rural hospital authorities in counties under 50,000 people; and insurers and other payors that would negotiate with newly consolidated rural hospital groups.

Why it matters

Most Georgia hospitals and healthcare facilities would no longer need state approval to build or expand services, which could speed up new construction and services but remove a review meant to limit oversupply. Rural hospitals gain new tools to combine operations and negotiate jointly with insurers without antitrust exposure, potentially strengthening their bargaining power and financial stability.

Key provisions

  • Section 1-1 repeals and replaces Chapter 6 of Title 31, narrowing certificate of need review to skilled nursing facilities and defining terms like 'new institutional health service' and 'bed capacity.'
  • New Code Section 31-6-40 requires certificates of need only for new, expanded, or relocated skilled nursing facilities and new clinical services at existing ones, effective July 1, 2026.
  • New Code Section 31-6-46 recreates the Certificate of Need Appeal Panel with five gubernatorially appointed attorney members serving up to four-year terms, who conduct de novo appeal hearings.
  • New Code Section 31-6-48 sets escalating daily fines ($5,000 to $25,000) for operating a new institutional health service without a required certificate of need.
  • Part II (Sections 2-1 through 2-22) makes dozens of conforming edits across Titles 16, 31, 33, 37, 43, 50, and 51 to remove obsolete certificate of need references now that the requirement is narrowed.
  • New Code Sections 31-7-100 through 31-7-106 (Part III) let rural hospital authorities in counties under 50,000 people merge, share services, and jointly negotiate with payors with up to two other rural hospital authorities.
  • Rural hospital authorities must notify the Governor, Attorney General, and legislative leaders and undergo a 180-day Attorney General review before their antitrust immunity takes effect.
  • The bill takes effect immediately upon the Governor's signature or upon becoming law without signature (Section 4-1).

From the bill

“On and after July 1, 2026, any new institutional health service shall be required to obtain a certificate of need pursuant to this chapter.”

States that only skilled nursing facilities, not other healthcare facilities, will still need a certificate of need starting mid-2026.

Discussed in meetings (11)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. House Health Committee, March 2, 2026

    From 0:42:44 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 1393 would let certain nonprofit rural hospitals collaborate on purchasing, staffing and insurance contracts while remaining independent, citing financial strain and large reimbursement differences. Members questioned eligibility as counties grow, participation by system-affiliated hospitals, staff sharing and protections against monopolies. Legislative counsel said federal antitrust immunity remained uncertain despite Supreme Court precedent. An attorney representing rural hospitals said the bill addressed gaps identified in a 2013 Supreme Court decision, would not eliminate federal oversight, and could help hospitals share services and prepare for new payment models. The attorney said some restructured, system-affiliated hospitals could qualify. The Evans Memorial Hospital chief executive urged immediate action, citing rising costs and opportunities to share staff and resources. Asked about Medicaid expansion, the executive emphasized operating efficiencies instead. A Georgia Association of Health Plans witness supported the goals but opposed the breadth of the antitrust protections. The chair initially limited the bill to a hearing, then allowed a vote after consulting counsel. Members adopted an amendment tying a provision treating hospital authorities as state subdivisions for antitrust purposes to their exercise of powers under the legislation. The committee approved the amendment and bill by voice votes.

  2. House Rules Committee, March 4, 2026

    From 1:23:14 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1881

    Summary by Georgia Commons: The presenter said HB 1393 would allow rural hospitals to collaborate on contracts. The presenter described it as a priority for Hometown Health, the hospital association and the state's 61 rural hospitals. No questions or decision followed.

  3. House floor session, March 4, 2026 (legislative day 27, PM, part 1)

    From 2:15:21 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1885

    Summary by Georgia Commons: The sponsor said the bill would let rural nonprofit hospitals jointly negotiate contracts for supplies, staffing and third-party payments while remaining independent. The sponsor said Georgia has 61 rural hospitals and explained that the bill was written to authorize cooperation under an exception to federal antitrust rules for state-authorized government action. One member said many rural hospitals have a week or less of cash available and supported pooling resources. Asked about insurance payments, the sponsor said joint negotiations were a major purpose, describing nearby hospitals receiving six to ten times different reimbursements for the same surgery because of their payer mix. The sponsor said the change would not necessarily produce urban hospital rates. Another member asked whether a large hospital system with a rural facility could participate. The sponsor said no, each participating entity must qualify as a rural nonprofit hospital. The House adopted the committee substitute and passed the bill 170-0.

  4. House Rules Committee, March 4, 2026

    From 0:36:03 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1881

    Summary by Georgia Commons: The committee added HB 1393 to the day's supplemental calendar under modified structured rules without stated opposition. No provisions were discussed.

  5. Senate Health and Human Services Committee, March 23, 2026

    From 1:26:07 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said the bill would let rural hospitals jointly purchase supplies, share staff and negotiate insurance payments while remaining independent, with protection from competition-law challenges. The Evans Memorial Hospital CEO said rural hospitals lacked bargaining power and received 20% to 30% less than comparable urban hospitals. Members questioned legality, cross-county cooperation and whether large systems could benefit. The sponsor said the bill restricted those benefits, but a Robins Government Relations witness argued its language extended protection to large systems affiliating with rural hospital authorities. That witness suggested narrowing its scope. A Georgia Association of Health Plans witness warned of higher prices and urged rejection. A Georgians for a Healthy Future witness said some staffing cooperation was already allowed, warned about consolidation and requested explicit state oversight. The sponsor disputed the price concerns, citing unequal reimbursements, and remained open to changes. The chair supported the underlying idea but requested further work to narrow the language. The chair also said Georgia would receive $218 million annually for five years through the Rural Health Transformation Program. This was a hearing only, with no vote.

  6. Senate Health and Human Services Committee, March 25, 2026

    From 0:20:17 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The chair presented a substitute repealing certificate-of-need requirements except for skilled nursing facilities. A legal adviser said it would also let qualifying rural hospital authorities cooperate with protection from antitrust claims. The adviser described eligibility limited to groups of up to three rural hospitals, attorney general review within 180 days, annual eligibility confirmation and a ban on participating authorities using noncompete agreements with healthcare providers. An economist speaking personally and a Pacific Legal Foundation witness supported repeal, citing research they said linked certificate-of-need laws to reduced access and higher costs. A Georgia Association of Health Plans witness supported the substitute, saying revisions reduced antitrust concerns. A Georgia Hospital Association witness opposed broad repeal. A healthcare attorney urged against the substitute, arguing its cooperation limits, physician restrictions and application process would burden rural hospitals. The legal adviser said physician language could be revised to preserve specialist access. Members asked about federal antitrust immunity, severability and hospitals losing paying patients to surgery centers. The adviser explained the proposed state-entity exemption, said severability applies, and described lower surgery-center prices and hospital cross-subsidies. The chair promised continued work. The committee approved the substitute 8 to 5.

  7. Senate Rules Committee, March 30, 2026

    From 1:06:13 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The vice chair selected HB 1393 for the floor calendar. No substantive explanation or debate followed. The committee unanimously approved the calendar containing it.

Status timeline

  1. 2026-03-31Senate Tabled (Senate)
  2. 2026-03-27Senate Read Second Time (Senate)
  3. 2026-03-27Senate Committee Favorably Reported By Substitute (Senate)
  4. 2026-03-06Senate Read and Referred (Senate)
  5. 2026-03-04House Passed/Adopted By Substitute (House)
  6. 2026-03-04House Third Readers (House)
  7. 2026-03-03House Committee Favorably Reported By Substitute (House)
  8. 2026-02-20House Second Readers (House)
Show full history (10 actions)
  1. 2026-02-19House First Readers (House)
  2. 2026-02-19House Hopper (House)

Sponsors

  • Bill Werkheiser (R, HD-157)Primary sponsor
  • Angie O'Steen (R, HD-169)
  • Leesa Hagan (R, HD-156)
  • James Burchett (R, HD-176)
  • Butch Parrish (R, HD-158)
  • John Corbett (R, HD-174)
  • Ben Watson (R, SD-1)

Votes

  1. PassedHouse voteMarch 4, 2026

    170 yea, 0 nay (2 not voting, 5 excused)

    PASSAGE: House Vote #619

  2. PassedSenate voteMarch 31, 2026

    39 yea, 10 nay (2 not voting, 3 excused)

    MOTION TO TABLE REMAINING LEGISLATION ON THE RULES CALENDAR: Senate Vote #912

Topics

  • certificate of need
  • rural hospitals
  • skilled nursing facilities
  • hospital regulation
  • antitrust immunity

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HB1393: Hospitals; allow rural hospitals to join together to allow further purchasing power with third-party payors but retain their independence | Georgia Commons