AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND HUMAN SERVICES (Prohibits the state from seeking reimbursement for expenditures made on behalf of disabled Rhode Islanders from an ABLE account after the death of the designated beneficiary.)

H8184

2026 -- H 8184
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LC004641
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
HUMAN SERVICES

Introduced By:
Representatives Cortvriend, Handy, Fellela, Ajello, Bennett, Spears,
Tanzi, Boylan, and Kislak

Date Introduced:
February 27, 2026

Referred To:
House Finance
(General Treasurer)
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-7.2-20.8 of the General Laws in Chapter 42-7.2 entitled "Office
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of Health and Human Services" is hereby amended to read as follows:
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42-7.2-20.8. Creditors.
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Notwithstanding any provision of the general or public laws to the contrary, money in the
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ABLE program shall be exempt from creditor process and shall not be liable to attachment,
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garnishment, or other process, nor shall it be seized, taken, appropriated, or applied by any legal or
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equitable process or operation of law to pay any debt or liability of any contributor or beneficiary
;
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provided, however, that the state of residency of the designated beneficiary of an ABLE account
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shall be a creditor of such account in the event of the death of the designated beneficiary
.
Upon
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death of a designated beneficiary, an agency or instrumentality of the state shall not seek payment
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pursuant to 26 U.S.C. § 529A from any ABLE savings trust account or its proceeds for benefits
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provided to a designated beneficiary, except as required by federal law.
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SECTION 2. This act shall take effect upon passage.
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LC004641
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
HUMAN SERVICES
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This act would prohibit the state from seeking reimbursement for expenditures made on
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behalf of disabled Rhode Islanders from an ABLE account after the death of the designated
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beneficiary.
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This act would take effect upon passage.
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LC004641
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