How to Apply for a Medicaid Hardship Waiver in Ohio to Protect Inherited Property from Estate Recovery Claims?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or the Ohio Department of Medicaid for guidance.

Detailed Answer

Understanding Ohio Medicaid Estate Recovery

Under Ohio law, Medicaid covers certain long-term care services. After a beneficiary’s death, the Ohio Department of Medicaid (ODM) may seek recovery of those costs from the beneficiary’s estate per Ohio Revised Code §5164.23 and 42 C.F.R. §433.36.

What Is a Hardship Waiver?

A hardship waiver allows ODM to waive estate recovery when pursuing the claim would create undue financial hardship for heirs or dependents. Ohio Administrative Code 5160:1-2-07(C)(7) outlines waiver standards. [OAC 5160:1-2-07]

Eligibility Criteria

  • Estate value largely in the decedent’s residence or other exempt assets.
  • Surviving spouse, minor/disabled child, or other dependents face significant economic hardship.
  • Medical or living expenses exceed available estate resources.

Step-by-Step Application Process

  1. Receive Estate Recovery Notice. ODM issues a notice after the beneficiary’s death.
  2. Obtain the Hardship Waiver Form. Request “Application for Waiver of Estate Recovery” from ODM’s website or by phone.
  3. Complete the Application. Include:
    • Decedent’s name, date of death, Medicaid case number.
    • Names and relationships of heirs or dependents.
    • A financial statement: income, expenses, assets (including property appraisals).
    • Supporting documents: medical records, disability proof, living costs.
  4. Submit Within Deadline. Federal rules under 42 C.F.R. §433.36(d)(2) require submission within 90 days of notice. Ohio may set a shorter window—confirm with ODM.
  5. Monitor Application. ODM may request additional information. Respond quickly to prevent denial.
  6. Receive Decision. If denied, you can appeal under Ohio Revised Code §119.12.

Helpful Hints

  • Request a professional property appraisal promptly.
  • Organize financial records: bank statements, bills, and receipts.
  • Keep a timeline of all communications with ODM.
  • Consider consulting a Medicaid planning attorney for complex estates.
  • File appeals before the deadline; Ohio deadlines are strict.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.