Panel asks whether Medicaid estate recovery rules can force sale of family homes

An unnamed representative asked the Joint Committee on Agency Rule Review whether Ohio’s Medicaid estate recovery rules could force an adult child who lives in a parent’s home to sell that home after the parent’s death to repay Medicaid.

The question arose during a discussion of rule 5160:1-6-06.3 (Medicaid transfers involving life estates). The representative asked whether “there be situations in Ohio where the son or daughter would be required to sell the home, essentially making themselves homeless, so that they could pay the, Medicaid, for for the services provided to their parent, when they're receiving Medicaid benefits.”

Adam Landfo of the Ohio Department of Medicaid told the committee he could not answer the question on the spot and said he would follow up. “Unfortunately right now I cannot, answer that directly. I do know that, most under most, cases, I do believe that we would go through to the estate recovery, but I can double check for you and get back to you, representative,” Landfo said.

Chair Cook asked that the department’s written response be sent to the chair’s office for distribution to committee members. “If you could send that to the chair's office and we'll make sure all the members get a copy of the of the response,” Cook said.

No formal action or vote was taken on the rule at the meeting; committee members sought clarification from Medicaid staff and requested a written follow-up to the membership.

The exchange focused on the potential real-world impact of estate recovery on family living arrangements rather than on changes to the rule text. The committee did not receive a definitive interpretation at the hearing and left the matter to the Medicaid department to clarify in writing.