The bill amends sections 5162.21 and 5162.211 of the Revised Code to update the Medicaid Estate Recovery Program. Key changes include a redefinition of "estate" to encompass a broader range of assets and a clarification of the term "time of death." The bill specifies that the Department of Medicaid will seek recovery from the estates of permanently institutionalized individuals for Medicaid services paid on their behalf, while also establishing protections for certain family members, such as spouses and children under 21, from recovery actions during their lifetimes. Additionally, the bill introduces provisions for waiving recovery in cases of undue hardship and sets limits on the amount of lien that can be imposed against a Medicaid recipient's property.
Furthermore, the bill stipulates that any lien imposed against a Medicaid recipient's real property cannot exceed seventy-five percent of the assessed value of the property. It also outlines the conditions under which liens cannot be imposed, such as when certain family members reside in the home. The bill mandates that the Medicaid director or a designated person must sign a certificate to effectuate a lien, which must then be recorded in the county's real estate mortgage records. Lastly, the bill repeals the existing sections 5162.21 and 5162.211, effectively replacing them with the newly amended language.
Statutes affected: As Introduced: 5162.21, 5162.211