Georgia CommonsSB 367: Certificate of Need; health care facilities, services, and equipment dedicated exclusively to the treatment of cancer; provide for exemption
Engrossed version, the latest LegiScan holds · Last action March 10, 2026 · Engrossed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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.