Georgia CommonsSB 367: Certificate of Need; health care facilities, services, and equipment dedicated exclusively to the treatment of cancer; provide for exemption
Last action March 10, 2026 · House Second Readers
A Georgia Senate bill would exempt cancer treatment facilities, equipment, and services from the state's certificate of need approval process, except for new facilities located within 35 miles of certain existing rural hospitals that already offer cancer 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 Engrossed version, the latest LegiScan holds.
In plain language
Georgia's certificate of need law (O.C.G.A. § 31-6-47) requires health care providers to get state approval before building new facilities or buying certain equipment, a process meant to control health care costs and prevent unnecessary duplication of services. This bill adds a new exemption to that law for anything dedicated primarily or exclusively to treating cancer, covering hospitals, clinics, surgical centers, radiation and imaging equipment, outpatient chemotherapy and infusion programs, oncology research facilities, and hospice or supportive care for cancer patients. Facilities using this exemption must still follow federal and state oncology regulations, report patient volume and treatment data to the Department of Community Health, and file annual reports. The exemption applies no matter who owns the facility or where in Georgia it is located, with one exception: it does not apply to a new facility within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy as of the law's effective date.
What the bill does
- Adds a new exemption to Georgia's certificate of need law so cancer treatment facilities, equipment, and services no longer need state approval to open or expand.
- Covers a broad range of cancer care, including hospitals, clinics, surgical centers, radiation and imaging equipment, outpatient chemotherapy, research facilities, and hospice care for cancer patients.
- Requires exempt facilities to follow federal and state oncology rules, submit patient volume and treatment data, and file annual reports to the Department of Community Health.
- Applies the exemption regardless of who owns the facility or where it is located in the state.
- Blocks the exemption for a new facility within 35 miles of an existing nonprofit sole community hospital that already provides chemotherapy or radiation therapy.
- Repeals any existing state laws that conflict with these changes.
Who it affects
Hospitals and health systems seeking to build or expand cancer treatment services, medical equipment makers and suppliers of radiation and imaging technology, cancer patients seeking care, rural nonprofit sole community hospitals that already offer oncology services, and the Department of Community Health, which oversees certificate of need reviews and receives the new reporting.
Why it matters
Removing the certificate of need requirement could make it faster and cheaper for providers to open or expand cancer treatment centers and buy equipment like linear accelerators, potentially increasing access to care. It could also let new providers compete near existing hospitals, except where a nearby sole community hospital already offers similar cancer treatment.
Key provisions
- Section 1 amends O.C.G.A. § 31-6-47(a) by adding paragraph (36), exempting cancer-focused health care facilities, services, and equipment from certificate of need review.
- The exemption lists six categories of covered cancer care, from hospitals and surgical centers to research facilities, hospice care, and related capital expenditures.
- Exempt facilities must comply with federal and state oncology regulations, submit patient volume and treatment data, and file annual reports under O.C.G.A. § 31-6-70.
- The exemption applies regardless of a facility's ownership, hospital affiliation, or location within Georgia.
- The exemption does not apply to a facility located within 35 miles of an existing nonprofit sole community hospital (as defined under 42 C.F.R. 412.92) that already offers chemotherapy or radiation therapy.
- Section 2 repeals any 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”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
Show full history (10 actions)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Bill Cowsert (R, SD-046)
- Greg Dolezal (R, SD-027)
- Ben Watson (R, SD-001)
- Kay Kirkpatrick (R, SD-032)
- Randy Robertson (R, SD-029)
- Jason Anavitarte (R, SD-031)
- Clint Dixon (R, SD-045)
- Ed Harbison (D, SD-015)
Votes
- Senate voteMarch 6, 2026
32 yea, 17 nay (1 not voting, 5 absent)
Topics
- certificate of need
- cancer treatment
- health care regulation
- hospital expansion
- rural hospitals