HB1605: HB1605 Community Health, Dept. of; making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; prohibit

26 LC 60 0347 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 to1 Georgia Achieving a Better Life Experience (ABLE), so as to pro hibit the Department of2 Community Health from making claims for Medicaid estate recovery of funds from ABLE3 accounts maintained through any qualified ABLE account, except as required by applicable4 federal law; to provide a definition; to provide for legislative findings; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 The General Assembly finds and declares that:9 (1) ABLE accounts are intended to encourage and assist individuals and families in saving10 private funds for the purpose of supporting individuals with disabilities to maintain health,11 independence, and quality of life; and12 (2) Reclaiming remaining funds in an ABLE account upon the death of a beneficiary for13 Medicaid reimbursement, often known as a "clawback", creates a barrier to enrollment and14 undermines the purpose of providing long-term financial securit y for Georgians with15 disabilities.16 H. B. 1605 - 1 - 26 LC 60 0347 SECTION 2.17 Chapter 9 of Title 30 of the Official Code of Georgia Annotated , relating to Georgia18 Achieving a Better Life Experience (ABLE), is amended by revising Code Section 30-9-14,19 relating to death of designated beneficiary of ABLE Trust Fund, as follows: 20 "30-9-14.21 (a) As used in this Code section, the term 'ABLE account' includes an account established22 and owed by an eligible individual who is resident of this state, regardless of whether such23 account is maintained through a Georgia ABLE program or another qualified ABLE24 program. Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund25 account, the Department of Community Health and the Medicaid program for another state26 m a y f i l e a c l a i m w i t h t h e G e o r g i a A B L E P r o g r a m f o r t h e t o t a l a mount of medical27 assistance provided for the designated beneficiary under the Me dicaid program after the28 date of the establishment of the ABLE account, less any premiums paid by or on behalf of29 the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of30 the deceased designated beneficiary must first be distributed f or qualified disability31 expenses followed by distributions for the Medicaid claim authorized under this subsection. 32 Any remaining amount shall be distributed as provided in the participation agreement.33 (b) Except as required by applicable federal law, neither the Department of Community34 Health nor any other state agency shall be authorized to make a ny claim for Medicaid35 estate recovery of funds pursuant to Code Section 49-4-147.1 fr om funds in an ABLE36 account. The corporation shall assist and cooperate with the Departmen t of Community37 Health and Medicaid programs in other states upon the death of a designated beneficiary38 of the trust fund by coordinating through the Department of Community Health with the39 information needed to accomplish the purpose and objective of subsection (a) of this Code40 section."41 H. B. 1605 - 2 - 26 LC 60 0347 SECTION 3.42 Said chapter is further amended by revising Code Section 30-9-15, relating to assignment of43 ABLE account prohibited, as follows: 44 "30-9-15.45 An ABLE account may not be assigned for the benefit of creditor s, used as security or46 collateral for any loan, or otherwise subject to alienation, sale, transfer, assignment, pledge,47 encumbrance, or charge. Moneys Except as provided in Code Section 30-9-14, moneys48 paid into or out of an ABLE account, and the income and assets of such account, are not49 liable to attachment, levy, garnishment, or legal process in this state in favor of any creditor50 of or claimant against any designated beneficiary or account contributor."51 SECTION 4.52 All laws and parts of laws in conflict with this Act are repealed.53 H. B. 1605 - 3 -