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GA HB1605
Bill
Status
3/25/2026
Primary Sponsor
Scott Hilton
Click for details
AI Summary
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Prohibits the Georgia Department of Community Health from recovering Medicaid costs from ABLE (Achieving a Better Life Experience) accounts upon the death of a beneficiary, eliminating the "clawback" provision except where federal law requires it.
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Expands protections to cover ABLE accounts held by Georgia residents regardless of whether the account is maintained through Georgia's program or another state's qualified ABLE program.
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Removes existing language that allowed the Department of Community Health and other states' Medicaid programs to file claims against ABLE accounts for medical assistance provided after account establishment.
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Strengthens creditor protections by clarifying that ABLE account funds are not subject to attachment, levy, garnishment, or legal process by any creditor or claimant.
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Legislative findings state that the Medicaid clawback creates a barrier to ABLE account enrollment and undermines the goal of providing long-term financial security for Georgians with disabilities.
Legislative Description
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
Last Action
House Second Readers
3/31/2026