ABLE savings trust agreement; Medicaid clawback prohibition.
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HB 887 — ABLE savings trust agreement; Medicaid clawback prohibition.
Last action — Approved by Governor-Chapter 923 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
ABLE savings trust agreement; Medicaid clawbackprohibition. Provides that the beneficiary of an ABLE savingstrust account may appoint a survivor. In the event of the beneficiary'sdeath, the survivor becomes the new beneficiary of the account ifhe is eligible under federal law to be a beneficiary of an ABLE savingstrust account. The bill provides that if the survivor is ineligible,then any proceeds remaining in the account are distributed to thesurvivor and the account is closed. Under current law, if the beneficiaryof an ABLE savings trust account dies, his state of residence becomesa creditor of the account and may seek payment under federal law for Medicaid benefits provided to the beneficiary while he was alive.The bill prohibits the Commonwealth from seeking estate recoveryor payment from the proceeds of the deceased beneficiary's accountfor benefits provided to him.
Bill Text
What changed in the latest version
31 added · 29 removedPlain-language change summary
The amendments to Bill HB 887 clarify the protections for ABLE savings trust accounts, specifically ensuring that these funds cannot be claimed by creditors or taken by the state for debts, except in the case of the beneficiary’s death. It emphasizes that the state will not seek repayment from these accounts unless required by federal law. This change is important because it safeguards the savings of individuals with disabilities, allowing them to retain their savings for necessary expenses without the fear of losing them to debt recovery processes.
Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - Session Session Special Session I Session Special Session I Session Special Session I Special Session II Session Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Session Special Session I Session Special Session I Special Session II Session Session Special Session I Session Session Special Session I Special Session II Session Session Session Special Session I Session Session Session Special Session I Session Session Session Session Special Session I Special Session II VIRGINIA LAW PORTALCode of VirginiaVirginia Administrative Code Constitution of VirginiaChartersAuthoritiesCompacts Uncodified ActsRIS Users (account required) SEARCHABLE DATABASESBills & Resolutionssession legislationBill Summariessession summaries Reports to the General AssemblyHouse and Senate documents Legislative LiaisonsState agency contactsACROSS SESSIONS Subject Index:
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 923 An Act to amend and reenact § 23.1-707 of the Code of Virginia, relating to ABLE savings trust agreement;
[H 887] Approved April 9, 2020 Be it enacted by the General Assembly of Virginia:
Action History
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Approved by Governor-Chapter 923 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 17, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB887ER)
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (15-Y 0-N)
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Rereferred to Finance and Appropriations
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Reported from Education and Health (12-Y 0-N)
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Referred to Committee on Education and Health
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Constitutional reading dispensed
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VOTE: Passage (97-Y 1-N)
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Read third time and passed House (97-Y 1-N)
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Read second time and engrossed
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Passed by temporarily
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Read first time
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Reported from Health, Welfare and Institutions (22-Y 0-N)
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Subcommittee recommends reporting (5-Y 0-N)
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Assigned HWI sub: Behavioral Health
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Impact statement from DPB (HB887)
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/08/20 20102066D
Sponsors
- Kathleen Murphy · Cosponsor
- Mark L. Keam · Cosponsor
- Eileen Filler-Corn · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 1 | 0 | 2 |
| Total | 96 | 1 | 0 | 2 |
| % of votes cast | 97% | 1% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Avoli, G. "John" | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Levine, Mark H. | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 2 |
| Total | 5 | 0 | 0 | 2 |
| % of votes cast | 71% | 0% | 0% | 29% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Levine, Mark H. | — | Yea |
| Bell, Robert B. | — | Not Voting |
| Christopher T. Head | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mark D. Sickles | — | Not Voting |
| Patrick A. Hope | — | Yea |
| Rodney T. Willett | — | Yea |
Subjects
Frequently asked questions
- What does HB 887 do?
- ABLE savings trust agreement; Medicaid clawbackprohibition. Provides that the beneficiary of an ABLE savingstrust account may appoint a survivor. In the event of the beneficiary'sdeath, the survivor becomes the new beneficiary of the account ifhe is eligible under federal law to be a beneficiary of an ABLE savingstrust account. The bill provides that if the survivor is ineligible,then any proceeds remaining in the account are distributed to thesurvivor and the account is closed. Under current law, if the beneficiaryof an ABLE savings trust account dies, his state of residence becomesa creditor of the account and may seek payment under federal law for Medicaid benefits provided to the beneficiary while he was alive.The bill prohibits the Commonwealth from seeking estate recoveryor payment from the proceeds of the deceased beneficiary's accountfor benefits provided to him.
- Who sponsors HB 887?
- HB 887 is sponsored by Murphy, Kathleen, Keam, Mark L., and Filler-Corn, Eileen.
- What is the current status of HB 887?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 887?
- Track HB 887 free on One Click Politics — get push/email alerts when it moves.
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