When a person receives the benefits of long term care services under Medicaid, upon his death, his estate becomes subject to recovery from the state of Ohio through the Estate Recovery Program. The Estate Recovery Program represents the state’s effort to recoup the costs the state expended for an individual’s long term medical care per the Medicaid program.
Estate recovery begins upon the death of the recipient of long-term care services under Medicaid.
There are limits to estate recovery. Estate recovery cannot take place if the recipient’s surviving spouse or child is alive, if the child is under age 21 or is blind or disabled. Also, recovery cannot be made against a home if any of the following still reside in it: a sibling who lived in the home for at least one year immediately before the date of institutionalization and continuously since that date or a caregiving child of the recipient who provided care for at least two continuous years prior to institutionalization.
Estate recovery applies to all property owned by the recipient including non-probate assets held in living trusts or with beneficiary designations.
If you are dealing with a Medicaid Estate Recovery claim, consider consulting an Ohio elder law attorney for assistance.