“However, many Ohioans who apply for Medicaid are unaware that the state will seek to recover the costs of services provided from their estate, including their home,” said state Rep. Sean Brennan, D-Parma, one of the sponsors for House Bill 130.
Federal law requires states to have a Medicaid estate recovery program, but gives states leeway in administering it. In 2023, a Dayton Daily News investigation found Ohio Medicaid is more aggressive than other states in recouping Medicaid costs from deceased residents and is in the minority of states that puts liens on Medicaid recipients’ properties.
The state collected more than $91.1 million in 2023 through Medicaid estate recovery, according to the Ohio Attorney General’s Office. The amount collected has climbed annually since 2017, state data show.
Experts and advocates report minimal knowledge about the collection program among the elderly and disabled, Brennan said.
“Ohio is one of only 18 states that pursue recovery for non-long-term services and support benefits,” said state Rep. Jeff LaRe, R-Violet Twp., another sponsor of the bill. “Furthermore, Ohio is second to only New York for recovery under this program, recovering more than $270 million since 2019.”
This bill does not substantially change the Medicaid estate recovery program, LaRe said, but it seeks to make sure those who could be impacted by recovery efforts are made aware of what could happen.
HB 130 would require the Ohio Department of Medicaid to provide notice of the Medicaid estate recovery program both when an individual applies for and is approved for Medicaid.
The bill would also require Ohio Medicaid to develop a notification explaining how the Medicaid estate recovery program works, along with a notification for Medicaid recipients at risk of being subject to the estate recovery program. It would also list resources related to the following questions, the lawmakers said:
- How to file a complaint with the Department of Medicaid regarding the enrollee’s Medicaid benefits
- How to inquire about the status of Medicaid benefits
- How to disenroll from the Medicaid program
The bill has the support of advocates for older Ohioans. Medicaid estate recovery is one of the topics that Pro Seniors, Inc., a nonprofit that provides free legal advice to Ohioans 60 and older, comes across the most.
“The typical older Ohioan calling about Medicaid is one who, due to their ill health, now faces nursing home care,” said Miriam Sheline, managing attorney at Pro Seniors, Inc.
Often these are individuals who have never had contact with Medicaid before, but now their retirement and resources are insufficient to pay the $12,000 per month cost of nursing home care, Sheline said.
“There is considerable confusion with consumers as to the Medicaid estate recovery program, how it will affect them and their families, and what it will cost. This occurs, not just with the Medicaid applicant, but also with their surviving family members,” Sheline said.
H.B. 130 was referred to the House Medicaid Committee.
About the Author
