Medicaid Recovery

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Medicaid can now require Individuals (not Married Couples) to use Home Equity (in excess of $500,000.) to pay for their own nursing care. 

Also of importance, on June 30, 2005, there were sweeping changes to the Ohio Medicaid estate recovery and lien laws, with the signature of Governor Taft to the budget bill (House Bill 66). This law allows the State of Ohio to seek substantial recovery for Medicaid payments for the recipient for nursing home payments, home health community based (Passport) payments, and related prescription and hospital bills, from not only the decedent's estate, but from other family assets.  

The chilling effect of Ohio House Bill 66 is that whereas previously only the assets of the Medicaid recipient passing through probate were subject to recovery by the State, now any asset in which the individual had an interest at the time of death may be recovered by the State.

The law goes much further than the prior law because it now includes any asset in which the decedent had any interest at the time of their demise.   This may include the house, life insurance and annuity benefits, in addition to joint and survivorship accounts and/or trust assets.  And unlike other states, Ohio 's statute did not expressly limit the expanded recovery to the future.  Therefore, Ohio may attempt to recover resources retroactively.

While there are specific limitations on which assets can be liened by the State because of certain Federal Laws, the State of Ohio now also uses collection companies, which may act very aggressively because their fees are contingent upon the amount they collect.      

Because of these major changes, it is very important to discuss this with an estate planning attorney who knows the Medicaid law in order to protect your assets for your loved ones.  

Mr. Marshek will be most happy to assist you and your family in defending Medicaid Recovery and resolving the issue with the State of Ohio.