Ohio Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Ohio can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on ORC 5162.21 (Medicaid estate recovery program); ORC 5162.211 (liens); ORC 2117.061 (notice to the recovery program)
What Ohio recovers
Repayment of the cost of Medicaid benefits paid for a deceased Medicaid recipient who was either permanently institutionalized (any age) or age 55 and older.
Covered services and programsThe full list of care and waiver programs the claim can include
Repayment of the cost of Medicaid benefits paid for a deceased Medicaid recipient who was either permanently institutionalized (any age) or age 55 and older. Medicaid payments for services received since January 1995 are subject to recovery. Medicare premium assistance payments made after January 1, 2010 are recoverable only when the individual was permanently institutionalized. Ohio's program and other creditors are paid before any assets are distributed to heirs; a will does not protect assets from recovery.
Ohio uses an expanded estate definition and can reach certain assets that pass outside probate. Check the details and sources below, because the reach depends on the asset type.
55 and older
Who is protected from recovery
No adjustment or recovery while the spouse of the individual is alive (ORC 5162.21(C)(1)(a)). It is a deferral tied to survival, not a permanent release.
No adjustment or recovery while a son or daughter is alive who is under age twenty-one, or who is considered blind or disabled under section 1614 of the Social Security Act, 42 U.S.C. 1382c (ORC 5162.21(C)(1)(b)). There is no age ceiling on the blind-or-disabled branch.
No recovery from a permanently institutionalized individual's home subject to an ORC 5162.211 lien while a sibling lawfully resides there who resided in the home for at least one year immediately before the individual's admission to the institution (ORC 5162.21(C)(2)(a)).
A waiver is available where recovery would work an undue hardship, and ORC 5162.21 permits the department to LIMIT THE DURATION of the waiver to the period during which the hardship exists. A granted waiver is not necessarily permanent.
Assets protected under a qualified state long-term care insurance partnership program, defined by ORC 5162.21(A)(4) by reference to the program established under ORC 5164.86.
Talk to a probate attorney in Ohio
Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.
Settled Estate is not a law firm and does not give legal advice.
Property that may be exempt
- The decedent's home is subject to recovery, but if the Medicaid individual was permanently institutionalized any claim against the sale of the house may be delayed (not permanently waived) while a qualifying sibling or child resides in the home and specific conditions are met (sibling with an equity interest who resided there at least one year before admission, or a caregiver child who resided there and whose care delayed institutionalization).
- No asset type is categorically exempt under Ohio's expanded estate definition; protections are survivor-based deferrals and the undue-hardship waiver rather than blanket asset exemptions.
Undue-hardship waiver
Ohio can waive recovery when it would cause an undue hardship for the heirs. Contact Ohio Attorney General's Office, Medicaid Estate Recovery Unit (program established by the Ohio Department of Medicaid) at 1-800-324-8680 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Who is protected from Medicaid estate recovery in Ohio?
What does Ohio Medicaid recover after death?
Can I apply for an undue-hardship waiver in Ohio?
Who handles Medicaid estate recovery in Ohio?
Agency and statute sourcesOfficial references used for this page
- Ohio Department of Medicaid - ODM 07400 'Ohio Medicaid Estate Recovery' information form (Rev. 5/2023)
- Ohio Revised Code Section 5162.21 - Medicaid estate recovery program
- 5162.21 - Medicaid estate recovery program
- ORC 5162.21, read in full 2026-08-14. Effective September 29, 2013, House Bill 59, 130th General Assembly. (A)(1) 'Estate' includes property administered under Title XXI 'and property that would be administered under that title if not for section 2113.03 or 2113.031', plus 'Any other real and personal property and other assets in which an individual had any legal title or interest at the time of death (to the extent of the interest), including assets conveyed to a survivor, heir, or assign of the individual through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.' (A)(3) permanently institutionalized individual. (A)(4) qualified state long-term care insurance partnership program per 5164.86. (B)(1) recovery for a permanently institutionalized individual OF ANY AGE; (B)(2) recovery for an individual 'fifty-five years of age or older who is not a permanently institutionalized individual'; (B)(3) other estates as federal law permits. (C)(1) no recovery while the spouse is alive, or while a son or daughter 'is under age twenty-one or, under the Social Security Act, section 1614, 42 U.S.C. 1382c, is considered blind or disabled'. (C)(2)(a) no recovery from a lien-encumbered home while a sibling lawfully resides there who lived there at least one year immediately before admission. (F) rebuttable presumption of permanent institutionalization where the individual declares no intent to return home OR 'has been an inpatient in an institution for at least six months'.
- ORC 5162.211, fetched 2026-08-14, the lien authority cross-referenced throughout 5162.21, including the (B)(1) power to recover on the sale of lien-encumbered property and the (C)(2) home protections written against it.
- ORC 2117.061, read in full 2026-08-14. Effective September 29, 2013, House Bill 59, 130th General Assembly. (A)(2) 'person responsible for the estate' means 'the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate'. (B) that person 'shall submit a properly completed medicaid estate recovery notice form to the administrator ... not later than thirty days after' the granting of letters of administration or letters testamentary, or the filing of an application for release from administration or summary release, and the duty covers the estate of a decedent subject to the program AND the estate of that decedent's spouse. (C) the appropriate box must be marked on the probate form. (D) the administrator 'shall present a claim for estate recovery ... not later than ninety days after the date on which the medicaid estate recovery notice form is received ... or one year after the decedent's death, whichever is later.'
Information current as of August 14, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Ohio can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.