FastCounsel

Detailed Answer

When a Medicaid claim is filed against an inherited estate in Ohio, heirs may need to obtain and review supporting documentation to understand the claim’s basis and evaluate potential challenges. Follow these steps under Ohio law:

1. Identify the Probate Court File
   Ohio probate courts handle estate administration. Locate the decedent’s probate case in the probate court of the county where they lived. You can search by name or case number via the court’s online docket search or by contacting the clerk’s office.
2. Request Estate Records
   Submit a written request to the probate clerk for copies of the estate file, including inventory, accounting records, and creditor claims. Probate records are public under the Ohio Public Records Act (Ohio Rev. Code §149.43) unless sealed by court order. Expect fees for copying and certification.
3. Contact the Ohio Department of Medicaid
   The Ohio Department of Medicaid (ODM) administers Medicaid estate recovery pursuant to Ohio Rev. Code §5162.19. To obtain claim documentation:
   • Submit a written public records request to ODM at https://medicaid.ohio.gov/FOR-OHIOANS/Contact-Us/Public-Records.
   • Ask specifically for the estate recovery file, including the Notice of Claim, demand letters, and itemized billing statements.
4. Review Statutory Basis
   Ohio Rev. Code §5162.19 authorizes Medicaid to recover costs from the estate of a deceased enrollee. You can read the full text at Ohio Rev. Code §5162.19. Key points include:
   • Recovery may occur only after the death of the Medicaid recipient and following probate.
   • Qualifying liens include long-term care and medical assistance payments.
5. Analyze the Claim Documents
   Once you have copies, review:
   • The Notice of Claim for dates, services reimbursed, and amounts.
   • The Itemized Statement to verify each charge against invoices or medical records.
   • Any correspondence outlining deadlines for response or appeal.
6. Consider an Appeal or Settlement
   Under Ohio Rev. Code §5162.19(D), heirs may challenge the claim by filing a written appeal with ODM within the timeframe indicated in the Notice. Grounds can include billing errors, incorrect dates, or services already paid by other sources. Many estates negotiate a reduced settlement if full payment would impose financial hardship on surviving family members.
7. Consult Qualified Help
   Although this is not legal advice, you may benefit from consulting an elder law or probate attorney to guide you through statutory deadlines and procedural requirements.

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a licensed attorney to address your specific situation.

Helpful Hints

• Gather all correspondence and medical bills before requesting records.
• Note applicable deadlines for appeal in the Notice of Claim.
• Verify whether other payers (Medicare, private insurance) covered any charges.
• Keep copies of all documents and written requests for your records.
• Check probate court dockets periodically for updated filings or hearings.
• Use certified mail when submitting appeals or public records requests to establish proof of delivery.