(1) TERMINATION OF ACCOUNT. Upon the death of an account owner whose account is part of a qualified ABLE program under section 529A of the Internal Revenue Code, the account shall terminate, and upon such termination any amount remaining in the account shall be recoverable by the state under s. 49.849 as property of a decedent that is recoverable under that statute. Any amount that remains in the account following such recovery under s. 49.849 shall be paid to the account owner’s estate. Recovery authorized under this subsection may relate only to public assistance received by a beneficiary on and after the date on which an account is established.
(2) ELIGIBILITY FOR LONG-TERM CARE PROGRAMS. A person who is determining eligibility for an individual for a long-term care program under s. 46.275 or 46.277, the family care benefit under s. 46.286, the family care partnership program, the longterm care program defined in s. 46.2899 (1), or any other demonstration program or program operated under a waiver of federal medicaid law that provides long-term care benefits shall exclude from the determination any income from assets accumulated in an account that is part of a qualified ABLE program under section 529A of the Internal Revenue Code.