Death of Designated Beneficiary of Able Trust Fund

  1. Law
  2. Georgia Code
  3. Handicapped Persons
  4. Georgia Achieving a Better Life Experience (Able)
  5. Death of Designated Beneficiary of Able Trust Fund

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  1. Upon the death of a designated beneficiary of a Georgia ABLE Trust Fund account, the Department of Community Health and the Medicaid program for another state may file a claim with the Georgia ABLE Program for the total amount of medical assistance provided for the designated beneficiary under the Medicaid program after the date of the establishment of the ABLE account, less any premiums paid by or on behalf of the designated beneficiary to a Medicaid buy-in program. Funds in the ABLE account of the deceased designated beneficiary must first be distributed for qualified disability expenses followed by distributions for the Medicaid claim authorized under this subsection. Any remaining amount shall be distributed as provided in the participation agreement.
  2. The corporation shall assist and cooperate with the Department of Community Health and Medicaid programs in other states upon the death of a designated beneficiary of the trust fund by coordinating through the Department of Community Health with the information needed to accomplish the purpose and objective of subsection (a) of this Code section.

(Code 1981, §30-9-14, enacted by Ga. L. 2016, p. 588, § 1/HB 768.)


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