Ohio Medicaid Estate Recovery - Does the State Have a Statute of Limitations?

The State of Ohio has long held that they do not have a Statute of Limitation when it comes to Medicaid Estate Recovery. The State claims they are not barred by the six month limit to make a claim against an estate under the probate rules. Sadly, the Courts have supported the State’s position. It makes no difference if they claim assets long after they have been distributed from the estate and spent or invested. The 2005 Estate Recovery overhaul was not supposed to change this portion of Estate Recovery. But did it?

The answer is unclear, but possibly the state may now have a one year limit upon which to make a claim. Ohio Revised Code Section 2117.061(E) states in part

“The administrator of the medicaid estate recovery program shall present a claim for estate recovery to the person responsible for the estate of the decedent or the person’s legal representative not later than ninety days after the date on which the medicaid estate recovery reporting form is received under division (B) of this section or one year after the decedent’s death, whichever is later."

The statute provides certain time requirements of when the “person responsible for the estate” must file a “Medicaid estate recovery form” with the State of Ohio. Ohio Revised Code Section 2117 clearly defines “the person responsible for the estate” and the “Medicaid estate recovery form.” However, currently no such "Medicaid estate recovery reporting form" has yet to be issued. If a Probate Estate is open there is a Standard Probate Form that must be sent to the State of Ohio, but it does not meet the statutory requirements of a “Medicaid estate recovery form.”

Notice that in Ohio Revised Code Section 2117.061(E) they not only mention the "person responsible for the estate" but also the "person’s legal representative." Wonder who that is? It is also quite clear that if you submit the "Medicaid estate recovery reporting form" the state has 90 days to make their claim. I would assume it means if they miss their deadline their claim is barred. However, what does the one year period apply to? If you submit the form late or if you never submit the form? I don't see any qualifier in the statute so I tend to think we now have a one year statute for claims by Medicaid. However, I'm sure Medicaid doesn't agree with me.