---
title: O.C.G.A. § 31-6-40.3. Conversion of destination cancer hospital to general cancer hospital; procedure; requirements.
collection: code
id: 31-6-40.3
cite_as: O.C.G.A. § 31-6-40.3 (2025)
canonical_url: https://georgiacommons.org/code/31-6-40.3
md_url: https://georgiacommons.org/code/31-6-40.3.md
text_url: https://georgiacommons.org/code/31-6-40.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=211
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / STATE HEALTH PLANNING AND DEVELOPMENT / CERTIFICATE OF NEED PROGRAM
---

# O.C.G.A. § 31-6-40.3. Conversion of destination cancer hospital to general cancer hospital; procedure; requirements.

(a) On and after July 1, 2019, a destination cancer hospital may apply for a certificate of need to convert to a general cancer hospital in accordance with this Code section. A destination cancer hospital that elects to convert to a general cancer hospital shall notify the department in a form and manner established by the department.

(b) The department shall establish a form and process for a destination cancer hospital to submit a certificate of need application to convert to a general cancer hospital; provided, however, that such a conversion shall not be subject to any of the considerations in Code Section 31-6-42 or service specific rules and shall not be subject to opposition or appeal by any other health care facilities. The department shall develop such form and guidance required by this subsection within 30 days of July 1, 2019. Upon its receipt of a complete application for a destination cancer hospital to convert to a general cancer hospital, the department shall issue such certificate of need within 60 days.

(c) Upon the conversion of a destination cancer hospital to a general cancer hospital:

(1) The general cancer hospital may continue to provide all institutional health care services and other services it provided as of the date of such conversion, including but not limited to inpatient beds, outpatient services, surgery, radiation therapy, imaging, and positron emission tomography (PET) scanning, without any further approval from the department;

(2) The destination cancer hospital shall be classified as a general cancer hospital under this chapter and shall be subject to all requirements and conditions applicable to hospitals under this article, including but not limited to, indigent and charity care and inventories and methodologies to determine need for additional providers or services; and

(3) The hospital’s inpatient beds, operating rooms, radiation therapy equipment, and imaging equipment existing on the date of conversion shall not be counted in the inventory by the department for purposes of determining need for additional providers or services, except that any inpatient beds, operating rooms, radiation therapy equipment, and imaging equipment added after the date of conversion shall be counted in accordance with the department’s rules and regulations.

(d) In the event that a destination cancer hospital does not convert to a general cancer hospital, it shall remain subject to all requirements and conditions applicable to destination cancer hospitals under this article.

## History

Code 1981, § 31-6-40.3, enacted by Ga. L. 2019, p. 148, § 1-6/HB 186.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2019, “July 1, 2019” was substituted for “the effective date of this Act” at the end of the second sentence in subsection (b).

## Administrative Rules and Regulations

Certificates of Need, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Community Health, Health Planning, Rule 111-2-2-.01 et seq.