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Bill > HB1605


GA HB1605

GA 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


summary

Introduced
03/25/2026
In Committee
Crossed Over
Passed
Dead
04/02/2026

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Chapter 9 of Title 30 of the Official Code of Georgia Annotated, relating to Georgia Achieving a Better Life Experience (ABLE), so as to prohibit the Department of Community Health from making claims for Medicaid estate recovery of funds from ABLE accounts maintained through any qualified ABLE account, except as required by applicable federal law; to provide a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill prohibits the Georgia Department of Community Health from seeking to recover Medicaid funds from ABLE (Achieving a Better Life Experience) accounts upon the death of the account holder, except where federal law requires it. ABLE accounts are designed to help individuals with disabilities save money for health, independence, and quality of life without jeopardizing their eligibility for government benefits like Medicaid. The bill clarifies that this prohibition applies to ABLE accounts regardless of where they are maintained, not just those in Georgia, and aims to prevent the recovery of funds, often referred to as a "clawback," which the legislature finds undermines the purpose of these accounts by creating a barrier to financial security for Georgians with disabilities. Additionally, the bill reinforces that ABLE account funds are protected from creditors and legal processes.

Committee Categories

Health and Social Services

Sponsors (4)

Last Action

House Second Readers (on 03/31/2026)

Bill Topics

Health
  • ‐ Health Insurance Reform
Social Welfare
  • ‐ Assistance to the Disabled and Handicapped

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://www.legis.ga.gov/legislation/74499 03/25/2026
BillText https://www.legis.ga.gov/api/legislation/document/20252026/247646 03/25/2026
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