Today's Law As Amended

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AB-688 Enforcement of money judgments: exemptions. (2017-2018)



SECTION 1.

 Section 4880 of the Welfare and Institutions Code is amended to read:

4880.
 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.
(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.
(c) (b)  This section shall become inoperative on September 1, 2018, and, as of January 1, 2019, is repealed.

SEC. 1.5.

 Section 4880 of the Welfare and Institutions Code is amended to read:

4880.
 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.
(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.
(c) This section shall become inoperative on September 1, 2018, and, as of January 1, 2019, is repealed.

SEC. 2.

 Section 4880 is added to the Welfare and Institutions Code, to read:

4880.
 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.
(b) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim.
(2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures.
(c) This section shall become operative on September 1, 2018.

SEC. 2.5.

 Section 4880 is added to the Welfare and Institutions Code, to read:

4880.
 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall not count toward determining eligibility for a state or local means-tested program.
(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.
(c) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim.
(2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures.
(d) This section shall become operative on September 1, 2018.
SEC. 3.
 Sections 1.5 and 2.5 of this bill incorporate amendments to Section 4880 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 384. These sections shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 4880 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 384, in which case Sections 1 and 2 of this bill shall not become operative.