Ohio Medicaid Estate Recovery

Yes. Ohio uses an expanded estate definition and can pursue certain assets that pass outside the probate estate. Review the details and official sources below, because the reach varies by asset type.

Recovery is generally blocked or delayed for: Surviving spouse: recovery may only be made after the death of the Medicaid individual's surviving spouse; Child under age 21: no recovery while the decedent has a surviving child younger than 21; Blind or permanently and totally disabled child of any age (Social Security Act section 1614 criteria): no recovery while such a child survives; Sibling with an equity interest in the home who resided there for at least one year immediately before the individual's admission: claim against the home may be delayed; Caregiver child who resided in the home and provided care that delayed the individual's institutionalization (meeting residence requirements): claim against the home may be delayed; Undue hardship: recovery may be delayed or waived on a case-by-case basis (see hardship waiver).

Repayment of the cost of Medicaid benefits paid for a deceased Medicaid recipient who was either permanently institutionalized (any age) or age 55 and older. Medicaid payments for services received since January 1995 are subject to recovery. Medicare premium assistance payments made after January 1, 2010 are recoverable only when the individual was permanently institutionalized. Ohio's program and other creditors are paid before any assets are distributed to heirs; a will does not protect assets from recovery.

Yes. Ohio offers an undue-hardship waiver. Contact Ohio Attorney General's Office, Medicaid Estate Recovery Unit (program established by the Ohio Department of Medicaid) at 1-800-324-8680 to request the waiver and ask about deadlines.

Ohio Attorney General's Office, Medicaid Estate Recovery Unit (program established by the Ohio Department of Medicaid), phone 1-800-324-8680, http://www.ohioattorneygeneral.gov/Business/Collections.