During the FY06 legislative session, the General Assembly passed House Bill 390. This law and its ensuing code, O.C.G.A 31-6-90 through 95, created the State Commission on the Efficacy of the Certificate of Need Program. The Commission's purpose is to study and collect information and data relating to the effectiveness of the Certificate of Need (CON) program in Georgia. The CON program primarily regulates where hospitals and other healthcare facilities are built and which services are provided.
The Commission will:
Study and evaluate the effectiveness and efficiency of Georgia's certificate of need program;
Review of the certificate of need program which will concentrate on:
- the effectiveness of the program in accomplishing its original policy objectives,
- the costs associated with the program,
- the benefits of continuing or discontinuing the program,
- the financial impact of continuing or discontinuing the program,
- the impact on the quality, availability, and cost of health care if the program is continued or discontinued;
Evaluate and consider the experiences and results in other states which use certificate of need programs;
- Evaluate and consider the experiences and results in other states which have abolished certificate of need programs;
- Identify findings and conclusions, including but not limited to recommendations as to whether the certificate of need program should be continued, discontinued, or modified;
- Evaluate the impact of continuing or discontinuing the certificate of need on providing patient care in trauma care hospitals, critical access hospitals, and public hospitals;
- Evaluate the impact of continuing or discontinuing the certificate of need program on providing service to Medicaid and indigent patients; and
Make recommendations for proposed legislation. Powers of the Commission include:
- Conducting a state-wide audit of the certificate of need program in Georgia;
- Requesting and receiving data from and review the records of appropriate agencies and health care facilities as allowed by state and federal law;
- Entering into all contracts or agreements necessary or incidental to the performance of its duties; and
- Conducting studies, collecting data, or taking any other action the Commission deems necessary to fulfill its responsibilities.
- Retaining the services of auditors, attorneys, financial consultants, health care experts, economists, and other individuals or firms as determined appropriate by the Commission.
Submitting a Final Report:
The Commission shall issue a final report which shall include proposed legislation, if any, to the Governor and the General Assembly on or before June 30, 2007. The Commission stands abolished on June 30, 2007.