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Medicaid Law: Federal and Ohio: Estate Planning

 It is important to remember that Medicaid is really a loan program, rather than a welfare program. The Federal government requires states to have a Medicaid Estate Recovery program, meaning that the state of Ohio may take your house once you die to pay your Medicaid bills. Estate planning in order to avoid this result is complicated. It usually includes setting up a qualified income trust, otherwise known as a Miller Trust.  It is recommended that individuals consult with an attorney. 

The following books are available at the Franklin County Law Library. They are current, unless another publication date is indicated. Everyone is welcome to use these books at the Library. Central Ohio attorneys with a library card with us may check them out.

Ohio Revised Code sections of particular interest to seniors doing estate planning:

Medicaid Recovery Claims may be submitted to local probate court for a period ending on the later of one year after the decedent’s death or 90 days after the filing of the Medicaid Recovery reporting form (Form 7.0) with the Medicaid Recovery Administrator. This special claims filing window makes the state Medicaid program a super-creditor.

Ohio uses section 1634 of the Social Security Act (codified at 42 USC 1383c) to determine eligibility for medicaid. These means that individuals can no longer "spend down" their income to become eligible. Instead, individuals having too much money, will have to set up a Miller Trust. The books on this page have more information, but this box provides a video from the Ohio Department of Medicaid and sample forms. It is recommended that you consult an attorney before setting up a Miller Trust.