The Ohio Medicaid Estate Recovery program seeks repayment for the cost of Medicaid benefits after the death of an individual who received Medicaid benefits. All the real and personal property owned by the Medicaid recipient at the time of death is subject to Medicaid recovery, regardless of whether it passed through probate court or not. 

Any person responsible for the estate, including an attorney acting as the administrator, must submit a properly completed Notice to Administrator of Medicaid Estate Recovery Program (PDF form) if the decedent was either institutionalized or age 55 or older, not later than 30-days after letters of administration or letters testamentary are granted, or the filing of an application for release from administration or summary release from administration.  

The State has 90-days from the receipt of the notice or one year after the individual’s death, whichever is later, to make a claim against the estate. The 90-day statute of limitations set forth in R.C. 2117.061 does not begin to run until the Medicaid estate-recovery program administrator is notified by the filing of the required Notice form noted above. See In re Estate of Centorbi, 129 Ohio St.3d 78, 2011-Ohio-2267. 

Ohio Administrative Code Rule 5160:1-2-07 Medicaid: estate recovery describes the Ohio Medicaid estate recovery program and the undue hardship waiver request process. 

Best practices here: It is important to hold distribution of any estate assets until the time for Medicaid’s recovery claim has passed. If the estate involves an older adult, individual with a disability, individuals with low income or potentially pregnant women, infants or children, review the statutes and rules on Medicaid and determine whether Notice to the Administrator of the Medicaid Estate Recovery Program is necessary. If you don’t know – ask! Call us at OBLIC! We’re here to help avoid a problem!   

This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.