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 the introduction of specific conditions under which the Department of Medicaid can seek recovery from an individual's estate. Notably, the bill specifies that recovery efforts will be limited to costs associated with Medicaid services for permanently institutionalized individuals and those aged fifty-five or older, while also establishing protections for certain family members residing in the home of the Medicaid recipient. The bill also introduces a rebuttable presumption regarding the discharge of individuals from institutions and outlines criteria for waiving recovery in cases of undue hardship.

Additionally, the bill imposes a cap on liens against the real property of Medicaid recipients, stating that such liens shall not exceed seventy-five percent of the assessed property value. It also clarifies that no liens can be placed on the homes of recipients if certain family members reside there. 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. Furthermore, the bill repeals existing sections 5162.21 and 5162.211, effectively replacing them with the newly amended provisions.

Statutes affected:
As Introduced: 5162.21, 5162.211