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Georgia Certificate of Need Laws

Certificate of Need Intelligence

Georgia

95/100

Most Restrictive

Year Enacted

1979

Services Regulated

National Rank

41 of 51

Top Systems

  • FTC v. Phoebe Putney Health System

Market Concentration

7,453

Reform Status

States That Reformed

Key Case

FTC v. Phoebe Putney Health System, Inc.. , U.S. Supreme Court, FTC v. Phoebe Putney Health System, Inc.

Georgia's CON laws, enacted in 1979, regulate a broad range of healthcare services. This has led to highly concentrated markets, exemplified by the Albany area, where one system, Phoebe Putney, controls 86% of the market.

01Scope of Regulation

3 Services Behind the Gate

  • Hospitals
  • Nursing Homes / Long-Term Care
  • Home Health Agencies
02The Application Process

The Permission Process

The statutory timeline for a review is 120 days, with the actual process taking about four months. A key feature of Georgia's process is the formal 'opposition meeting,' which allows incumbent systems a platform to officially contest applications from potential new competitors.

03Market Concentration

The Georgia Healthcare Cartel

FTC v. Phoebe Putney Health System

Atlanta Hospital Market Share (Estimated)

Three large systems dominate the Atlanta metropolitan area, collectively controlling a significant majority of the market based on revenue.

04Case Law & Denials

FTC v. Phoebe Putney Health System, Inc.

Decided February 2013 · U.S. Supreme Court

FTC v. Phoebe Putney: Full Analysis

Data sourced from the Georgia Department of Community Health, U.S. Supreme Court, Federal Trade Commission, and state financial disclosures.

05Legislative Environment

Georgia (No Full Repeal)

Georgia (No Full Repeal)

States That Reformed

Data sourced from the Georgia Department of Community Health, U.S. Supreme Court, Federal Trade Commission, and state financial disclosures.

Last updated: April 2026