HB 1263: 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) requires state approval before many new health care facilities, services, or major equipment purchases can move forward. This bill, offered as a Senate committee substitute to HB 1263, adds a new exemption to that law for anything primarily or exclusively dedicated to treating cancer, including hospitals, clinics, surgical centers, radiation and proton therapy equipment, outpatient chemotherapy and infusion programs, oncology clinical trial sites, and hospice or rehab 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 like other regulated facilities. The exemption applies no matter who owns the facility or where in the state it is located, except it does not apply within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy. Facilities using the exemption must also provide charity care worth at least 3 percent of their prior year's adjusted gross revenue. Note: the bill's title referencing insurance premiums and fees does not match this substitute's actual text, which addresses certificate of need exemptions for cancer care.

• Adds a new exemption to Georgia's certificate of need law (O.C.G.A. § 31-6-47) for facilities, equipment, and services dedicated primarily or exclusively to cancer treatment.
• Covers a wide range of cancer-related items, including hospitals, surgical centers, radiation and proton therapy machines, outpatient chemotherapy programs, oncology clinical trial sites, and hospice care for cancer patients.
• Requires exempt facilities to follow federal and state oncology rules, report patient data to the state, and file annual reports.
• Blocks the exemption for any facility within 35 miles of an existing nonprofit sole community hospital that already offers chemotherapy or radiation therapy.
• Requires facilities using the exemption to provide charity care for the poor equal to at least 3 percent of their prior year's adjusted gross revenue.

Hospitals, cancer treatment centers, ambulatory surgical centers, and companies seeking to build or expand oncology facilities or equipment in Georgia; existing sole community hospitals near proposed new cancer facilities; cancer patients seeking treatment; and the Department of Community Health, which oversees certificate of need reviews and reporting.

New cancer treatment facilities and equipment could open in Georgia without going through the state's certificate of need approval process, potentially speeding access to care, while existing rural sole community hospitals within 35 miles that already offer cancer treatment would keep some protection from new competing facilities.

• Section 1 amends O.C.G.A. § 31-6-47(a) by adding paragraph (36), creating the cancer care exemption from certificate of need requirements.
• Subparagraph (A) lists covered items: hospitals, clinics, surgical centers, specific cancer equipment, outpatient cancer services, clinical trial facilities, and hospice or supportive care for cancer patients.
• Subparagraph (B) requires exempt facilities to follow oncology regulations, submit patient data to the department, and file annual reports under O.C.G.A. § 31-6-70.
• Subparagraph (C) states the exemption applies regardless of ownership, hospital affiliation, or location in the state.
• Subparagraph (D) excludes facilities within 35 miles of an existing nonprofit sole community hospital already offering chemotherapy or radiation therapy.
• Subparagraph (E) requires facilities using the exemption to provide charity care worth at least 3 percent of the prior year's adjusted gross revenue.
• Section 2 repeals conflicting laws.

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

• Eddie Lumsden (R, HD-012)Patrocinador principal
• 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. AprobadaVotación: Cámara de Representantes26 de febrero de 2026

   169 a favor, 0 en contra (6 sin votar, 2 ausentes)

   Passage: House Vote #574

2. AprobadaVotación: Senado31 de marzo de 2026

   44 a favor, 7 en contra (0 sin votar, 3 ausentes)

   Passage By Substitute: Senate Vote #911

• cancer treatment
• certificate of need
• hospital regulation
• health care facilities
• rural hospitals