Understanding Medicaid Liens in Ohio Personal Injury Settlements
Detailed Answer
When you receive Medicaid benefits in Ohio and later recover a personal injury settlement, Ohio law requires the Ohio Department of Medicaid (ODM) to seek reimbursement for medical expenses it paid on your behalf. This right of recovery arises under federal law (42 U.S.C. §1396k) and Ohio Revised Code section 5160.26, which establishes subrogation and reimbursement procedures. Ohio Revised Code §5160.26.
ODM’s lien attaches to any judgment, award or settlement related to the injury. You must identify your claim to ODM early. Request a “Consent and Notice of Medicaid Lien” form from your ODM county office. After you submit the form, ODM will calculate its lien amount, covering hospital stays, surgeries and rehabilitation up to the date of settlement. You may negotiate this amount in limited circumstances—for example, when your out-of-pocket costs exceed a statutory threshold—by providing detailed billing records.
Include the Medicaid lien amount when allocating settlement proceeds. Ohio courts require proof that ODM received notice before approving any disbursement. Once the court issues an order, disburse funds first to ODM for the lien, then to other creditors, and finally to you for remaining damages and future care. Failing to satisfy the lien may jeopardize your Medicaid eligibility and expose you to legal action by the state.
Helpful Hints
- Notify ODM in writing as soon as you file your personal injury claim.
- Request a detailed breakdown of all Medicaid payments related to your injury.
- Consult an attorney experienced in Ohio Medicaid liens to explore options for reducing the lien.
- Maintain organized records of medical bills and correspondence with ODM.
- Obtain a court order approving the Medicaid lien payment before you finalize any distribution.
Disclaimer: This article provides general information about Ohio Medicaid lien procedures. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.