ABLE savings trust agreement; Medicaid clawback prohibition. (HB887)

Introduced By

Del. Eileen Filler-Corn (D-Fairfax Station) with support from co-patrons Del. Mark Keam (D-Vienna), and Del. Kathleen Murphy (D-McLean)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


ABLE savings trust agreement; Medicaid clawback prohibition. Provides that the beneficiary of an ABLE savings trust account may appoint a survivor. In the event of the beneficiary's death, the survivor becomes the new beneficiary of the account if he is eligible under federal law to be a beneficiary of an ABLE savings trust account. The bill provides that if the survivor is ineligible, then any proceeds remaining in the account are distributed to the survivor and the account is closed. 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. 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. Read the Bill »


Bill Has Passed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20102066D
01/07/2020Referred to Committee on Health, Welfare and Institutions
01/14/2020Impact statement from DPB (HB887)
01/17/2020Assigned HWI sub: Behavioral Health
01/27/2020Subcommittee recommends reporting (5-Y 0-N)
01/30/2020Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/03/2020Read first time
02/04/2020Passed by temporarily
02/04/2020Read second time and engrossed
02/05/2020Read third time and passed House (97-Y 1-N)
02/05/2020VOTE: Passage (97-Y 1-N) (see vote tally)
02/06/2020Constitutional reading dispensed
02/06/2020Referred to Committee on Education and Health
02/20/2020Reported from Education and Health (12-Y 0-N) (see vote tally)
02/20/2020Rereferred to Finance and Appropriations
03/02/2020Reported from Finance and Appropriations (15-Y 0-N) (see vote tally)
03/04/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/05/2020Read third time
03/05/2020Passed Senate (40-Y 0-N) (see vote tally)
03/12/2020Bill text as passed House and Senate (HB887ER)
03/12/2020Impact statement from DPB (HB887ER)
03/12/2020Signed by Speaker
03/12/2020Signed by President
03/17/2020Enrolled Bill communicated to Governor on March 17, 2020
03/17/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/09/2020G Approved by Governor-Chapter 923 (effective 7/1/20)
04/09/2020G Acts of Assembly Chapter text (CHAP0923)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.