What HB 1393 does: The Senate HHS Committee’s substitute combines two major changes to HB 1393. First, it repeals Georgia’s certificate of need (CON) program for all health care facilities except skilled nursing facilities, meaning hospitals, surgery centers, imaging centers, and other facilities would no longer need state approval to open, expand, or relocate. Second, it allows rural hospital authorities in counties with populations under 50,000 to jointly negotiate prices with insurers and collaborate on services while claiming limited immunity from federal antitrust law. Unlike the original House version, the substitute requires Attorney General review before immunity takes effect, caps collaborations at three rural hospital authorities, bans non-compete clauses against physicians, and requires narrow legal interpretation.
Consumer impact: The CON repeal would not improve access to care in Georgia, as the bill does not require new facilities to serve underserved communities or to accept Medicaid. The revised antitrust provisions are meaningfully improved over the original bill, but still authorize joint price negotiations between hospitals that would otherwise compete, which economic research consistently links to higher costs for commercially insured consumers. Annual oversight by DCH and the Attorney General is required but lacks funding, metrics, or clear enforcement tools.