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:
<ins>"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,
</ins>
<ins>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."
</ins> 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All laws and parts of laws in conflict with this Act are repealed.