House Bill 1605
By: Representatives Hilton of the 48th, Hagan of the 156th, Cox of the 28th, and O’Steen of
the 169th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to
Georgia Achieving a Better Life Experience (ABLE), so as to prohibit the Department of
Community Health from making claims for Medicaid estate recovery of funds from ABLE
accounts maintained through any qualified ABLE account, except as required by applicable
federal law; to provide a definition; to provide for legislative findings; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares that:
(1) ABLE accounts are intended to encourage and assist individuals and families in saving
private funds for the purpose of supporting individuals with disabilities to maintain health,
independence, and quality of life; and
(2) Reclaiming remaining funds in an ABLE account upon the death of a beneficiary for
Medicaid reimbursement, often known as a "clawback", creates a barrier to enrollment and
undermines the purpose of providing long-term financial security for Georgians with
disabilities.
SECTION 2.
Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia
Achieving a Better Life Experience (ABLE), is amended by revising Code Section 30-9-14,
relating to death of designated beneficiary of ABLE Trust Fund, as follows:
"30-9-14.
(a) <ins>As used in this Code section, the term 'ABLE account' includes an account established
and owed by an eligible individual who is resident of this state, regardless of whether such
account is maintained through a Georgia ABLE program or another qualified ABLE
program.</ins> <del>Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund
account, the Department of Community Health and the Medicaid program for another state
may file a claim with the Georgia ABLE Program for the total amount of medical
assistance provided for the designated beneficiary under the Medicaid program after the
date of the establishment of the ABLE account, less any premiums paid by or on behalf of
the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of
the deceased designated beneficiary must first be distributed for qualified disability
expenses followed by distributions for the Medicaid claim authorized under this subsection.
Any remaining amount shall be distributed as provided in the participation agreement.
</del> (b) <ins>Except as required by applicable federal law, neither the Department of Community
Health nor any other state agency shall be authorized to make any claim for Medicaid
estate recovery of funds pursuant to Code Section 49-4-147.1 from funds in an ABLE
account.</ins> <del>The corporation shall assist and cooperate with the Department of Community
Health and Medicaid programs in other states upon the death of a designated beneficiary
of the trust fund by coordinating through the Department of Community Health with the
information needed to accomplish the purpose and objective of subsection (a) of this Code
section."
</del>
SECTION 3.
Said chapter is further amended by revising Code Section 30-9-15, relating to assignment of
ABLE account prohibited, as follows:
"30-9-15.
An ABLE account may not be assigned for the benefit of creditors, used as security or
collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge,
encumbrance, or charge. <ins>Moneys</ins> <del>Except as provided in Code Section 30-9-14, moneys
</del> paid into or out of an ABLE account, and the income and assets of such account, are not
liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor
of or claimant against any designated beneficiary or account contributor."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.