Estate Recovery

Estate Recovery OAC 5160:1-2-07
What is Estate Recovery?
Seeks repayment for Medicaid costs for:
» Individuals 55 and over who received Medicaid services
» Permanently institutionalized individuals regardless of age


Who is considered permanently institutionalized?
»An individual who is an inpatient in an institution
»An individual who cannot reasonably be expected to be discharged from the institution and return home as determined by the Department of Medicaid
When does Estate Recovery take place?
After the individual’s death, estate recovery starts when:
» The surviving spouse passes away
» There is no surviving child under 21
» There is no surviving blind or disabled child of any age
Who handles Estate Recovery?
Estate recovery is administered by the Ohio Attorney General’s office
Click HERE for additional information

See the chart below to determine who is subject to Estate Recovery based on the type of Medicaid received

​Approved Base Medicaid Category + LTC Type	​Estate Recovery
SSI + Facility	YES
SSI + Waiver	55 and over
MAGI + Facility	55 and over
​MAGI (SIR Budgeting) + Facility	55 and over
MAGI + Waiver	55 and over
​MAGI (SIR Budgeting) + Waiver	55 and over
MBIWD + Facility	YES
MBIWD + Waiver	55 and over
ABD + Facility	YES
ABD (SIR Budgeting) + Facility	YES
ABD + Waiver	55 and over
​ABD (SIR Budgeting) + Waiver	55 and over
SIL/Facility	YES
​SIL/Waiver	55 and over

Base Medicaid Only	​Estate Recovery
SSI Medicaid	55 and over
ABD Medicaid	55 and over
MBIWD Medicaid	​55 and over
SRS Medicaid	55 and over
MAGI Medicaid	55 and over
NCEMA Medicaid	55 and over
RSS Medicaid	55 and over

MAGI=Modified Adjusted Gross Income
SIR=Spousal Impoverishment Rules
MBIWD=Medicaid Buy-In for Workers with Disabilities
ABD=Aged, Blind, Disabled
SIL=Special Income Level
SRS=Specialized Recovery Services
NCEMA=Non Citizen Emergency Medical Assistance
RSS=Residential State Supplement