| 1 | 1 | | 25 LC 33 9822 |
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| 2 | 2 | | Senate Bill 367 |
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| 3 | 3 | | By: Senators Cowsert of the 46th, Dolezal of the 27th, Watson of the 1st, Kirkpatrick of the |
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| 4 | 4 | | 32nd, Robertson of the 29th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to |
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| 8 | 8 | | 1 |
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| 9 | 9 | | exemptions from certificate of need requirements, so as to provide an exemption for health2 |
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| 10 | 10 | | care facilities, services, and equipment dedicated exclusively to the treatment of cancer; to3 |
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| 11 | 11 | | provide for conditions; to provide for applicability; to provide for related matters; to repeal4 |
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| 12 | 12 | | conflicting laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions8 |
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| 16 | 16 | | from certificate of need requirements, is amended in subsection (a) by striking "and" at the9 |
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| 17 | 17 | | end of paragraph (34), by replacing the period at the end of paragraph (35) with "; and", and10 |
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| 18 | 18 | | by adding a new paragraph to read as follows:11 |
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| 19 | 19 | | "(36)(A) The development, expansion, acquisition, relocation, or operation of any |
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| 20 | 20 | | 12 |
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| 21 | 21 | | health care facility, service, or equipment that is primarily and exclusively dedicated13 |
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| 22 | 22 | | to the treatment of cancer, including:14 |
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| 23 | 23 | | S. B. 367 |
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| 24 | 24 | | - 1 - 25 LC 33 9822 |
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| 25 | 25 | | (i) Any hospital, clinic, ambulatory surgical center, or freestanding facility that15 |
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| 26 | 26 | | provides diagnostic, therapeutic, surgical, management, or palliative care for cancer16 |
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| 27 | 27 | | patients;17 |
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| 28 | 28 | | (ii) Any medical technology or equipment used exclusively for the detection,18 |
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| 29 | 29 | | diagnosis, treatment, or research of cancer, including but not limited to radiation19 |
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| 30 | 30 | | therapy machines, linear accelerators, proton therapy systems, positron emission20 |
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| 31 | 31 | | tomography, and other oncological treatment modalities;21 |
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| 32 | 32 | | (iii) Any outpatient services, including radiation therapy, chemotherapy, infusion22 |
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| 33 | 33 | | therapy, and precision medicine programs, dedicated solely to cancer treatment;23 |
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| 34 | 34 | | (iv) Any facility engaged in clinical trials, experimental treatments, or research24 |
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| 35 | 35 | | exclusively related to oncology;25 |
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| 36 | 36 | | (v) Any hospice, rehabilitation, or supportive care facility exclusively providing26 |
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| 37 | 37 | | services to cancer patients; and27 |
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| 38 | 38 | | (vi) Any expenditure or capital expenditure associated with the construction,28 |
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| 39 | 39 | | development, acquisition, or other establishment of a service, service facility, or29 |
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| 40 | 40 | | equipment primarily and exclusively dedicated to the treatment of cancer;30 |
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| 41 | 41 | | (B) Facilities and services operating under the exemption provided for in this31 |
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| 42 | 42 | | paragraph shall:32 |
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| 43 | 43 | | (i) Comply with all applicable federal and state regulations for oncology care; and33 |
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| 44 | 44 | | (ii) Submit patient volume and treatment data to the department to verify compliance34 |
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| 45 | 45 | | with the exemption provided for in this paragraph;35 |
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| 46 | 46 | | (iii) Provide annual reports in the same manner and in accordance with Code Section36 |
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| 47 | 47 | | 31-6-70.37 |
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| 48 | 48 | | (C) The exemption provided for in this paragraph shall apply regardless of ownership38 |
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| 49 | 49 | | structure, affiliation with an existing hospital, or location within the state."39 |
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| 50 | 50 | | S. B. 367 |
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| 51 | 51 | | - 2 - 25 LC 33 9822 |
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| 52 | 52 | | SECTION 2. |
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| 53 | 53 | | 40 |
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| 54 | 54 | | All laws and parts of laws in conflict with this Act are repealed.41 |
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| 55 | 55 | | S. B. 367 |
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| 56 | 56 | | - 3 - |
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