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