Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-42. Qualifications for Issuance of Certificate

(b.1) In the case of applications for the construction, development, or establishment of a destination cancer hospital, the applicable considerations as to the need for such service shall not include paragraphs (1), (2), (3), (7), (8), (10), (11), and (14) of subsection (a) of this Code section but shall include:
(b.2) In the case of applications for basic perinatal services in counties where:
(6.1) That the proposed new destination cancer hospital shall enter into a hospital transfer agreement with one or more hospitals within a reasonable distance from the destination cancer hospital or the medical staff at the destination cancer hospital has admitting privileges or other acceptable documented arrangements with such hospital or hospitals to ensure the necessary backup for the destination cancer hospital for medical complications. The destination cancer hospital shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the destination cancer hospital with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement with the destination cancer hospital. In the event that a destination cancer hospital and another hospital cannot agree to the terms of a transfer agreement as required by this paragraph, the department shall mediate between such parties for a period of no more than 45 days. If an agreement is still not reached within such 45 day period, the parties shall enter into binding arbitration conducted by the department;
the department shall not apply the consideration contained in paragraph (2) of subsection (a) of this Code section.
would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the department in making its determination of need as required by this Code section. The department shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term “minority administered hospital facility” means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race.
(1) Only one civilian health care facility or health system is currently providing basic perinatal services; and
(2) There are not at least three different health care facilities in a contiguous county providing basic perinatal services,
History. Code 1981, § 31-6-42 , enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1984, p. 22, § 31; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433.
Editor’s notes.
Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
Law reviews.
For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).
For article with annual survey on administrative law, see 73 Mercer L. Rev. 1 (2021).

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