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HB 1605

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

2025-2026 Regular Session Introduced by Brent Cox and 3 co-sponsors

HB 1605 prohibits Georgia Medicaid from pursuing estate recovery claims against disabled individuals' ABLE savings accounts, protecting disability-focused savings from state recoupment.

House First Readers
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Bill Summary · HB 1605

Legislative bill overview

HB 1605 would prevent Georgia's Department of Community Health from pursuing Medicaid estate recovery claims against ABLE accounts (tax-advantaged savings accounts for disabled individuals), except where federal law explicitly requires it. The bill essentially shields these disability-specific savings accounts from being targeted to recoup Medicaid expenditures after a beneficiary's death.

Why is this important

ABLE accounts are designed to help disabled individuals build financial independence without losing Medicaid eligibility, but Medicaid estate recovery rules can claim remaining funds after death. This bill protects accumulated savings for disabled people and their families, potentially encouraging participation in ABLE programs and allowing disabled individuals to build modest wealth without automatic clawback by the state.

Potential points of contention

  • Cost to Medicaid: Restricting estate recovery reduces state revenue recouping healthcare expenditures; opponents may argue this shifts costs to taxpayers or other programs
  • Distinction from other assets: Questions about why ABLE accounts deserve special protection compared to other estate assets subject to recovery, and whether this creates inconsistent policy
  • Federal law compliance: Debate over what federal law actually requires—the bill's scope depends on accurate interpretation of federal ABLE account regulations and Medicaid estate recovery rules

Compiled from official sources — confirm details with the bill’s official record.

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