---
title: SB 367. Certificate of Need; health care facilities, services, and equipment dedicated exclusively to the treatment of cancer; provide for exemption
collection: bills
id: 2025-2026/sb367
cite_as: SB 367, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb367
md_url: https://georgiacommons.org/bills/2025-2026/sb367.md
text_url: https://georgiacommons.org/bills/2025-2026/sb367/text
source_url: https://www.legis.ga.gov/legislation/71840
date: 2026-03-10
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: 726
omitted_url: https://georgiacommons.org/bills/2025-2026/sb367.md?full=1
bill_number: SB 367
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-03-06
last_action: House Second Readers
sponsors:
- Bill Cowsert
- Greg Dolezal
- Ben Watson
- Kay Kirkpatrick
- Randy Robertson
- Jason Anavitarte
- Clint Dixon
- Ed Harbison
text_version: Engrossed
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB367/2025
upstream_id: 2016610
summaries_model: claude-sonnet-5
topic_tags:
- certificate of need
- cancer treatment
- health care regulation
- hospital expansion
- rural hospitals
---
# SB 367. Certificate of Need; health care facilities, services, and equipment dedicated exclusively to the treatment of cancer; provide for exemption
## Text
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 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."
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 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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2026-03-06)
- Last action: House Second Readers (2026-03-10)
- Sponsors: Bill Cowsert, Greg Dolezal, Ben Watson, Kay Kirkpatrick, Randy Robertson, Jason Anavitarte, Clint Dixon, Ed Harbison
- Official page: https://www.legis.ga.gov/legislation/71840
> The history, votes, and amendments (726 characters) are at https://georgiacommons.org/bills/2025-2026/sb367.md?full=1