HB1263: HB1263 Insurance; premiums made within three years of payment to the Commissioner; provide for a claim for a refund of certain fees and taxes

Georgia's certificate of need law (O.C.G.A. § 31-6-47) generally requires health care providers to get state approval before building or expanding certain facilities or services. This bill, offered as a Senate substitute to HB 1263, adds a new exemption to that law for health care facilities, equipment, and services dedicated primarily or exclusively to treating cancer, covering things like hospitals, clinics, radiation and chemotherapy equipment, outpatient cancer services, clinical trial facilities, and hospice or supportive 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. The exemption would not apply to a new facility within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy. Exempt facilities must also provide uncompensated charity care equal to at least 3 percent of their prior year's adjusted gross revenue. The bill repeals conflicting laws and does not include an insurance premium refund provision despite the bill's original title.

• Adds a new exemption to Georgia's certificate of need law (O.C.G.A. § 31-6-47) for facilities, equipment, and services primarily or exclusively dedicated to cancer treatment.
• Lists specific covered items, including hospitals, radiation therapy machines, proton therapy systems, outpatient chemotherapy and infusion services, clinical trial facilities, and hospice care for cancer patients.
• Requires exempt facilities to follow federal and state oncology regulations and submit patient volume and treatment data to the state to verify compliance.
• Requires exempt facilities to file annual reports under the same rules used for other certificate of need reporting (O.C.G.A. § 31-6-70).
• Blocks the exemption for any new facility located within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy.
• Requires facilities using the exemption to provide uncompensated indigent and charity care equal to at least 3 percent of their prior year's adjusted gross revenue.

Hospitals, cancer treatment centers, outpatient clinics, and equipment providers seeking to build or expand cancer-related services in Georgia; existing sole community hospitals that offer chemotherapy or radiation therapy near a proposed new facility; and the Department of Community Health, which would receive compliance reports.

By removing the certificate of need approval step for cancer-dedicated facilities and equipment, the bill could make it faster and easier to open new cancer treatment centers in Georgia, while the 35-mile carve-out and charity care requirement are meant to protect existing rural hospitals and ensure some free care for low-income patients.

• Section 1 amends O.C.G.A. § 31-6-47(a) by adding paragraph (36), exempting cancer-dedicated health care facilities, services, and equipment from certificate of need requirements.
• The exemption covers hospitals, clinics, ambulatory surgical centers, diagnostic and treatment equipment (radiation therapy machines, linear accelerators, proton therapy, PET scans), outpatient cancer services, clinical trial facilities, and hospice or supportive care for cancer patients.
• 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 structure, hospital affiliation, or location in the state.
• The exemption does not apply to any facility 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 as of the bill's effective date.
• Facilities using the exemption must provide uncompensated indigent and charity care equal to at least 3 percent of their prior year's adjusted gross revenue.
• Section 2 repeals all conflicting laws.

1. 2026-03-31Senate Passed/Adopted By Substitute (Senate)
2. 2026-03-31Senate Third Read (Senate)
3. 2026-03-27Senate Read Second Time (Senate)
4. 2026-03-27Senate Committee Favorably Reported By Substitute (Senate)
5. 2026-03-03Senate Read and Referred (Senate)
6. 2026-02-26House Passed/Adopted (House)
7. 2026-02-26House Third Readers (House)
8. 2026-02-19House Committee Favorably Reported (House)

• Eddie Lumsden (R, HD-012)Primary sponsor
• Matt Reeves (R, HD-099)
• Darlene Taylor (R, HD-173)
• Matthew Gambill (R, HD-015)
• Bruce Williamson (R, HD-112)
• Bill Fincher (R, HD-023)
• Jason Anavitarte (R, SD-031)

1. PassedHouse voteFebruary 26, 2026

   169 yea, 0 nay (6 not voting, 2 absent)

   Passage: House Vote #574

2. PassedSenate voteMarch 31, 2026

   44 yea, 7 nay (0 not voting, 3 absent)

   Passage By Substitute: Senate Vote #911

• certificate of need
• cancer treatment
• health care facilities
• hospital regulation
• charity care