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 terms related to estate and institutionalization, as well as the conditions under which the Department of Medicaid can seek recovery from an individual's estate. Specifically, the bill clarifies that recovery efforts will focus on both the estates of permanently institutionalized individuals and those aged fifty-five or older who are not permanently institutionalized. It also introduces a rebuttable presumption regarding the discharge of individuals from institutions and establishes criteria for waiving recovery in cases of undue hardship.
Additionally, the bill modifies the conditions under which liens can be imposed on the property of Medicaid recipients. It specifies that a lien against a recipient's real property cannot exceed seventy-five percent of the assessed value and outlines exemptions for certain family members residing in the home. The bill also mandates that liens dissolve upon the recipient's discharge from the institution. Overall, these amendments aim to provide clearer guidelines for estate recovery while protecting the interests of vulnerable individuals and their families.
Statutes affected: As Introduced: 5162.21, 5162.211