S 2987

2026 -- S 2987
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 LC004669
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  STATE  OF        RHODE  ISLAND
  IN GENERAL ASSEMBLY
  JANUARY SESSION, A.D. 2026
  ____________
  AN ACT
    RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
  HUMAN SERVICES
  Introduced By: Senators LaMountain, Burke, Dimitri, Felag, and Quezada
  Date Introduced: March 04, 2026
  Referred To: Senate Judiciary
  (General Treasurer)
 It is enacted by the General Assembly as follows:
1SECTION 1. Section 42-7.2-20.8 of the General Laws in Chapter 42-7.2 entitled "Office
2 of Health and Human Services" is hereby amended to read as follows:
342-7.2-20.8. Creditors.
4Notwithstanding any provision of the general or public laws to the contrary, money in the
5 ABLE program shall be exempt from creditor process and shall not be liable to attachment,
6 garnishment, or other process, nor shall it be seized, taken, appropriated, or applied by any legal or
7 equitable process or operation of law to pay any debt or liability of any contributor or beneficiary;
8 provided, however, that the state of residency of the designated beneficiary of an ABLE account
9 shall be a creditor of such account in the event of the death of the designated beneficiary. Upon
10 death of a designated beneficiary, an agency or instrumentality of the state shall not seek payment
11 pursuant to 26 U.S.C. § 529A from any ABLE savings trust account or its proceeds for benefits
12 provided to a designated beneficiary, except as required by federal law.
13SECTION 2. This act shall take effect upon passage.
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 LC004669
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  EXPLANATION
  BY THE LEGISLATIVE COUNCIL
  OF
  AN ACT
   RELATING TO STATE AFFAIRS AND GOVERNMENT -- OFFICE OF HEALTH AND
  HUMAN SERVICES
  ***
1This act would prohibit the state from seeking reimbursement for expenditures made on
2 behalf of disabled Rhode Islanders from an ABLE account after the death of the designated
3 beneficiary.
4This act would take effect upon passage.
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