Medicaid Estate Recovery Reform in Ohio
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March 26, 2026
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By Mary Day
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Pro Seniors is a Strong Proponent of Ohio House Bill 318. We now join with other Ohio legal nonprofits to propose further reforms to Medicaid Estate Recovery.
By Staff Attorney, Erin Campbell
We all may reach the point where we need nursing home care. The only Government healthcare program that covers this care is Medicaid. However, after your death, repayment can be required through Medicaid Estate Recovery, often forcing surviving family to abandon or sell their home and leaving communities burdened with vacant homes.
Fortunately, Ohio House is considering HB 318 to reduce the impact of Medicaid Estate Recovery on communities and families. We are pleased to announce that Pro Seniors recently joined other Ohio legal nonprofits to suggest additional reforms to the Sponsors of House Bill 318.
These additional statutory changes would protect families and communities and are consistent with Federal Law, including:
- Limiting the scope of estate recovery to probate estates. Exempting non-probate transfers like life estates from Estate Recovery protects older homeowners and prevents impoverishment of surviving family members.
- Limiting the scope of Medicaid Estate Recovery to the estates of Medicaid Beneficiaries so that liens are not placed on the property of their family members.
- Requiring that private attorneys hired by the State to collect on Estate Recovery claims:
o Be directed away from using misleading statements.
o Notify surviving family members about exceptions to Medicaid Estate Recovery.
There are several exceptions that surviving family might not know about, including an offset
when the Medicaid Beneficiary had certain long-term care insurance.
o Ask about whether any exceptions to Medicaid Estate recovery apply before demanding
payment.
Read the recent article in The Dayton Daily News
Contact your elected Ohio Representative to share your point of view about Medicaid Estate Recovery.
