HB1163: HB1163 Health Care Homestead Protection Act; enact

26 LC 62 0345 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 to1 recovery in medical malpractice actions, so as to provide for a n exemption in medical2 malpractice actions for the primary residences of health care p roviders; to provide for3 exceptions; to provide for a short title; to provide for an effective date and applicability; to4 provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 This Act shall be known and may be cited as the "Health Care Homestead Protection Act."8 SECTION 2.9 Chapter 13 of Title 51 of the Official Code of Georgia Annotate d, relating to recovery in10 medical malpractice actions, is amended by adding a new Code section to read as follows:11 "51-13-2.12 (a) In any medical malpractice action, the primary residence, including any real property13 or mobile home that serves as a primary residence, of a health care provider, as defined in14 Code Section 51-13-1, that is a natural person shall be fully e xempt from any levy, sale,15 H. B. 1163 - 1 - 26 LC 62 0345 garnishment, or other legal process arising from a creditor's claims, liens, or judgments, in16 addition to any other exemptions provided by law.17 (b) The exemption granted pursuant to this Code section shall not apply to:18 (1) Tax liens or obligations owed to government entities;19 (2) Debts secured by consensual security interest in the property, such as mortgages or20 deeds of trust; or21 (3) Obligations arising from criminal restitution orders."22 SECTION 3.23 This Act shall become effective on July 1, 2026, and shall appl y to any claims, liens, or24 judgments filed on or after such date.25 SECTION 4.26 All laws and parts of laws in conflict with this Act are repealed.27 H. B. 1163 - 2 -