โŒ HB318

Revise the Medicaid Estate Recovery Program Law

Current Status: In House Committee (Medicaid)

Summary

The bill amends the Medicaid Estate Recovery Program Law to allow the Ohio Department of Medicaid to seek recovery of costs for Medicaid services from the estates of individuals who are permanently institutionalized or aged 55 and older, with certain exceptions for spouses and dependents. It also establishes conditions under which liens may be imposed on the property of Medicaid recipients and sets forth criteria for waiving recovery due to undue hardship.

Rationale

The bill increases government control over individual estates and property rights through the Medicaid Estate Recovery Program, which conflicts with the LP and LPO principles of individual rights and property ownership. It imposes financial obligations on estates that may infringe on the rights of individuals and their families, particularly in the context of government intervention in personal financial matters.

Risks and Concerns

  • Increased government control over individual estates
  • Potential financial burden on families of Medicaid recipients
  • Erosion of property rights
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