O.C.G.A. § 49-9-14 — Rights not transferable; exempt from creditors

Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors. History. Code 1981, § 34-15-13, enacted by Ga. L. 2000, p. 1137, § 1; Code 1981, § 49-9- 14, as redesignated by Ga. L. 2012, p. 303, § 1/HB 1146. 49-9-15. Coverage by a hospitalization or medical insurance policy. Where a person with disabilities who receives vocational rehabilita403 49-9-16 tion services is covered by a hospitalization or medical insurance policy, the Georgia Vocational Rehabilitation Agency shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Georgia Vocational Rehabilitation Agency, exclusive of those services for which eligibility is not predicated on the need for ﬁnancial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Georgia Vocational Rehabilitation Agency in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for ﬁnancial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser. History. Code 1981, § 34-15-14, enacted by Ga. L. 2000, p. 1137, § 1; Code 1981, § 49-9- 15, as redesignated by Ga. L. 2012, p. 303, § 1/HB 1146. 49-9-16. Lien upon causes of actions; procedure for perfecting lien; notice; fee; releases and covenants not to sue. Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Georgia Vocational Rehabilitation Agency shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney’s lien. In order to perfect such lien, the Georgia Vocational Rehabilitation Agency shall ﬁle in the office of the clerk of the superior court of the county wherein the individual resides a veriﬁed statement setting forth the name and address of such individual; the name and address of the Georgia Vocational Rehabilitation Agency; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant’s knowledge, the names and addresses of all persons, ﬁrms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Georgia Vocational Rehabilitation Agency shall also, within one day after the ﬁling of such claim or lien, mail a copy thereof to any person, ﬁrm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The ﬁling of such claim or lien shall be notice thereof to all persons, ﬁrms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of ﬁling in the hospital lien book, along with the name of the claimant, 404 49-9-18 the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his or her fee for such ﬁling. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, ﬁrm, or corporation liable for such damages. History. Code 1981, § 34-15-15, enacted by Ga. L. 2000, p. 1137, § 1; Code 1981, § 49-9- 16, as redesignated by Ga. L. 2012, p. 303, § 1/HB 1146. 49-9-17. Authorization to retain title; authorization to sell; surplus; receipts; deposit of funds received. The agency is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The board is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of the State Treasurer; and any funds received by the agency pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter. History. Code 1981, § 34-15-16, enacted by Ga. L. 2000, p. 1137, § 1; Ga. L. 2010, p. 863, § 2/SB 296; Code 1981, § 49-9-17, as redesignated by Ga. L. 2012, p. 303, § 1/HB 1146. 49-9-18. Conﬁdentiality; penalty.