HB1163: HB1163 Health Care Homestead Protection Act; enact

Under current Georgia law, a doctor, nurse, or other health care provider found liable in a medical malpractice lawsuit can potentially have their home sold or seized to satisfy the judgment, similar to other personal assets. This bill, called the Health Care Homestead Protection Act, would change that by adding a new section to Georgia's malpractice recovery law (O.C.G.A. Chapter 13 of Title 51). The bill would fully exempt a health care provider's primary residence, including a house or mobile home used as a primary home, from being taken through levy, sale, garnishment, or other legal process tied to a malpractice creditor's claims, liens, or judgments. This protection would not apply to property tax debts, government obligations, mortgages or other loans secured by the home, or criminal restitution orders. The change would take effect July 1, 2026, and would apply to claims, liens, or judgments filed on or after that date.

• Creates a new Georgia code section (O.C.G.A. § 51-13-2) exempting a health care provider's primary home from seizure tied to medical malpractice judgments.
• Applies the exemption to real property or mobile homes used as a primary residence, on top of any other legal exemptions already available.
• Carves out exceptions so the home can still be taken for unpaid taxes, mortgage or deed of trust debts, and criminal restitution orders.
• Names the law the 'Health Care Homestead Protection Act' as its official short title.
• Sets an effective date of July 1, 2026, applying only to claims, liens, or judgments filed on or after that date.

Health care providers as defined under Georgia law (such as doctors and other licensed medical practitioners) who own a primary residence, patients or families pursuing medical malpractice claims and judgments against them, and creditors including mortgage lenders, tax authorities, and courts handling restitution orders.

If a jury or court awards damages against a health care provider in a malpractice case, the provider's home could no longer be sold or seized to pay that judgment, which could make it harder for successful malpractice plaintiffs to actually collect the money they are owed.

• Section 1 gives the bill its short title, the 'Health Care Homestead Protection Act.'
• Section 2 adds new Code Section 51-13-2, exempting a health care provider's primary residence from levy, sale, garnishment, or other legal process arising from malpractice-related creditor claims, liens, or judgments.
• Section 2(b) lists three exceptions: tax liens or government obligations, debts secured by a mortgage or deed of trust, and criminal restitution orders.
• Section 3 sets the effective date as July 1, 2026, applying to claims, liens, or judgments filed on or after that date.
• Section 4 repeals any conflicting laws.

1. 2026-02-05House Second Readers (House)
2. 2026-02-04House First Readers (House)
3. 2026-02-03House Hopper (House)

• Matt Reeves (R, HD-099)Primary sponsor
• Lee Hawkins (R, HD-027)
• Mark Newton (R, HD-127)
• James Hatchett (R, HD-155)
• Michelle Au (D, HD-050)
• Demetrius Douglas (D, HD-078)

• medical malpractice
• health care providers
• homestead exemption
• property protection
• Georgia civil law