OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 33 Bill Analysis
135th General Assembly
Click here for S.B. 33’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Schaffer
Effective date:
Anna Holdren, Research Analyst
SUMMARY
 Requires the Department of Medicaid to ensure that each applicant for a Medicaid
component subject to the Medicaid Estate Recovery Program certifies that the applicant
was notified about the program.
 Requires the Medicaid Director to adopt rules establishing the form and manner of
certification.
DETAILED ANALYSIS
Medicaid Estate Recovery Program notification
The bill requires the Ohio Department of Medicaid (ODM) to ensure that every applicant
for a Medicaid program component subject to the Medicaid Estate Recovery Program certifies
that the applicant has been notified regarding the program before enrollment. Additionally, the
bill requires the Medicaid Director to adopt rules establishing the form and manner of the
certification, which must include a signature of understanding from the applicant or a person
authorized to sign on the applicant’s behalf.1 The bill exempts those rules from limitations in
existing law related to the adoption of regulatory restrictions in rules.2
Background – Medicaid Estate Recovery Program
Federal law requires ODM to implement an estate recovery program to recover the
costs spent on Medicaid services for certain categories of recipients after death. ODM, with
certain exceptions, must seek a repayment or recovery from the estates of deceased Medicaid
1 R.C. 5162.213.
2 R.C. 121.95 to 121.953, not in the bill.
March 3, 2023
Office of Research and Drafting LSC Legislative Budget Office
recipients.3 Upon death, the Ohio Attorney General, on behalf of ODM, generally must seek to
obtain repayment of the cost of Medicaid benefits provided to a Medicaid-eligible individual
who was either permanently institutionalized (regardless of the individual’s age) or age 55 or
older.4
Existing Ohio law details the various components of the program, including the role of
the Attorney General’s Office in estate recovery, when estate recovery is prohibited, and
procedures for claiming a hardship waiver from estate recovery.5 ODM has created a form that
includes additional information about the Medicaid Estate Recovery Program. The form
includes a note for county departments of job and family services that requires them to make
note when it is distributed to a consumer.6
HISTORY
Action Date
Introduced 01-26-23
ANSB0033IN-135/ks
3 R.C. 5162.21, not in the bill.
4 Ohio Administrative Code (O.A.C.) 5160:1-2-07(C).
5 See R.C. 5162.21, 5162.211, and 5162.212, all not in the bill; O.A.C. 5160:1-2-07.
6See Ohio Department of Medicaid’s Ohio Medicaid Estate Recovery (PDF), which is available on ODM’s
website: medicaid.ohio.gov.
P a g e |2 S.B. 33
As Introduced