HB 1163: Health Care Homestead Protection Act; enact

Under current Georgia law, a health care provider found liable in a medical malpractice lawsuit can potentially have their home seized, sold, or garnished to satisfy the judgment, on top of whatever standard legal exemptions already apply. This bill, called the Health Care Homestead Protection Act, adds a new section to Georgia's malpractice law (O.C.G.A. Chapter 13 of Title 51) that fully exempts a health care provider's primary residence, including a house or mobile home used as such, from levy, sale, garnishment, or other legal process tied to a creditor's claim, lien, or judgment in a malpractice case. The protection has three carve-outs: it does not cover tax liens or debts owed to government entities, does not cover debts secured by a mortgage or deed of trust, and does not cover criminal restitution orders. The law 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 residence from seizure in medical malpractice cases.
• Extends the exemption to any real property or mobile home used as the provider's primary home, on top of existing legal exemptions.
• Carves out three exceptions: government tax liens, mortgage or deed of trust debts, and criminal restitution obligations.
• Sets a July 1, 2026 effective date and limits the exemption to claims, liens, or judgments filed on or after that date.

Health care providers as defined in Georgia's malpractice law, whose primary homes would gain new protection from malpractice judgments. It also affects patients or families who win malpractice lawsuits, since collecting on a judgment against a provider's home would become harder.

If a patient successfully sues a health care provider for malpractice, the provider's home could no longer be taken to help pay the judgment, except for tax debts, mortgage-secured debts, or criminal restitution. This could make it harder for injured patients to fully collect money they are awarded in court.

• Section 1 gives the Act its short title, the Health Care Homestead Protection Act.
• Section 2 adds new O.C.G.A. § 51-13-2, exempting a health care provider's primary residence from levy, sale, garnishment, or other legal process tied to a malpractice creditor's claim, lien, or judgment.
• Section 2(b) excludes tax liens or government debts, mortgage or deed of trust obligations, and criminal restitution orders from the exemption.
• Section 3 sets the effective date as July 1, 2026, applying to claims, liens, or judgments filed on or after that date.

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

• Matt Reeves (R, HD-099)Patrocinador principal
• 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
• creditor law
• property protection