SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2018 SESSION

  • | print version

HB 457 ABLE savings trust agreements; elimination of Medicaid clawback.

Introduced by: Eileen Filler-Corn | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

ABLE savings trust agreements; elimination of Medicaid clawback. Provides that the beneficiary of an ABLE savings trust account may appoint a survivor. In the event of the beneficiary's death, if the survivor is eligible under federal law as a beneficiary of an ABLE savings trust account, then he would become the new beneficiary of the account. If the survivor is not eligible, then any proceeds remaining in the account would be distributed to the survivor and the account would be closed. The bill prohibits the Commonwealth from seeking estate recovery or payment from the proceeds of the deceased beneficiary's account for benefits provided to him.

Under current law, if the beneficiary of an ABLE savings trust account dies, his state of residence becomes a creditor of the account and may seek payment under federal law for Medicaid benefits provided to the beneficiary while he was alive.


FULL TEXT

AMENDMENTS

HISTORY