---
title: HB 1163. Health Care Homestead Protection Act; enact
collection: bills
id: 2025-2026/hb1163
cite_as: HB 1163, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1163
md_url: https://georgiacommons.org/bills/2025-2026/hb1163.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1163/text
source_url: https://www.legis.ga.gov/legislation/72767
date: 2026-02-05
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1163.md?full=1
bill_number: HB 1163
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-03
last_action: House Second Readers
sponsors:
- Matt Reeves
- Lee Hawkins
- Mark Newton
- James Hatchett
- Michelle Au
- Demetrius Douglas
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1163/2025
upstream_id: 2106692
summaries_model: claude-sonnet-5
topic_tags:
- medical malpractice
- health care providers
- homestead exemption
- creditor law
- property protection
---
# HB 1163. Health Care Homestead Protection Act; enact
## Text
House Bill 1163
By: Representatives Reeves of the 99th, Hawkins of the 27th, Newton of the 127th, Hatchett
of the 155th, Au of the 50th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 13 of Title 51 of the Official Code of Georgia Annotated, relating to
recovery in medical malpractice actions, so as to provide for an exemption in medical
malpractice actions for the primary residences of health care providers; to provide for
exceptions; to provide for a short title; to provide for an effective date and applicability; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Health Care Homestead Protection Act."
SECTION 2.
Chapter 13 of Title 51 of the Official Code of Georgia Annotated, relating to recovery in
medical malpractice actions, is amended by adding a new Code section to read as follows:
"51-13-2.
(a) In any medical malpractice action, the primary residence, including any real property
or mobile home that serves as a primary residence, of a health care provider, as defined in
Code Section 51-13-1, that is a natural person shall be fully exempt from any levy, sale,
garnishment, or other legal process arising from a creditor's claims, liens, or judgments, in
addition to any other exemptions provided by law.
(b) The exemption granted pursuant to this Code section shall not apply to:
(1) Tax liens or obligations owed to government entities;
(2) Debts secured by consensual security interest in the property, such as mortgages or
deeds of trust; or
(3) Obligations arising from criminal restitution orders."
SECTION 3.
This Act shall become effective on July 1, 2026, and shall apply to any claims, liens, or
judgments filed on or after such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1163 would shield a Georgia health care provider's primary home from being seized to pay a medical malpractice judgment, with exceptions for tax debt, mortgages, and criminal restitution.
### Plain-language summary
Under current Georgia law, a health care provider found liable in a medical malpractice lawsuit can potentially have their home seized, sold, or garnished to satisfy the judgment, on top of whatever standard legal exemptions already apply. This bill, called the Health Care Homestead Protection Act, adds a new section to Georgia's malpractice law (O.C.G.A. Chapter 13 of Title 51) that fully exempts a health care provider's primary residence, including a house or mobile home used as such, from levy, sale, garnishment, or other legal process tied to a creditor's claim, lien, or judgment in a malpractice case.
The protection has three carve-outs: it does not cover tax liens or debts owed to government entities, does not cover debts secured by a mortgage or deed of trust, and does not cover criminal restitution orders. The law would take effect July 1, 2026, and would apply to claims, liens, or judgments filed on or after that date.
### What it does
- Creates a new Georgia code section (O.C.G.A. § 51-13-2) exempting a health care provider's primary residence from seizure in medical malpractice cases.
- Extends the exemption to any real property or mobile home used as the provider's primary home, on top of existing legal exemptions.
- Carves out three exceptions: government tax liens, mortgage or deed of trust debts, and criminal restitution obligations.
- Sets a July 1, 2026 effective date and limits the exemption to claims, liens, or judgments filed on or after that date.
### Who it affects
Health care providers as defined in Georgia's malpractice law, whose primary homes would gain new protection from malpractice judgments. It also affects patients or families who win malpractice lawsuits, since collecting on a judgment against a provider's home would become harder.
### Why it matters
If a patient successfully sues a health care provider for malpractice, the provider's home could no longer be taken to help pay the judgment, except for tax debts, mortgage-secured debts, or criminal restitution. This could make it harder for injured patients to fully collect money they are awarded in court.
### Key provisions
- Section 1 gives the Act its short title, the Health Care Homestead Protection Act.
- Section 2 adds new O.C.G.A. § 51-13-2, exempting a health care provider's primary residence from levy, sale, garnishment, or other legal process tied to a malpractice creditor's claim, lien, or judgment.
- Section 2(b) excludes tax liens or government debts, mortgage or deed of trust obligations, and criminal restitution orders from the exemption.
- Section 3 sets the effective date as July 1, 2026, applying to claims, liens, or judgments filed on or after that date.
## Status
- Status: Introduced (2026-02-03)
- Last action: House Second Readers (2026-02-05)
- Sponsors: Matt Reeves, Lee Hawkins, Mark Newton, James Hatchett, Michelle Au, Demetrius Douglas
- Official page: https://www.legis.ga.gov/legislation/72767
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1163.md?full=1