Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent was a medicaid recipient and that person's relationship to the decedent;
(3) The name of the financial institution;
(4) The account number;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to the administrator of the medicaid estate recovery program if all of the following apply:
(1) The decedent held an account at the financial institution that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the administrator of the medicaid estate recovery program.
(4) The financial institution has received no objections or has determined that no valid objections to release of proceeds have been received.
(C) If proceeds have been released pursuant to division (B) of this section and the department of medicaid receives notice of a valid claim to the proceeds that has a higher priority under section 2117.25 of the Revised Code than the claim of the medicaid estate recovery program, the department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties
Section 2113.01 | What Court Shall Grant Letters.
Section 2113.03 | Court May Order Estate Released From Administration.
Section 2113.031 | Summary Release From Administration.
Section 2113.032 | Application for Release of Medical and Billing Records.
Section 2113.04 | Payment of Wages of Deceased Employee Without Administration.
Section 2113.05 | Letters Testamentary Shall Issue.
Section 2113.06 | To Whom Letters of Administration Shall Be Granted.
Section 2113.07 | Application for Appointment as Executor or Administrator.
Section 2113.11 | Notice When Deceased Was an Alien.
Section 2113.12 | Procedure if Executor Renounces.
Section 2113.13 | Minority of an Executor.
Section 2113.14 | Executor of an Executor Not to Administer.
Section 2113.15 | Special Administrator.
Section 2113.16 | Termination of Powers of Special Administrator.
Section 2113.17 | Creditor's Claims Before Special Administrator.
Section 2113.18 | Removal of Executor or Administrator.
Section 2113.19 | Administrator De Bonis Non.
Section 2113.20 | Will Proved After Administration as of an Intestate.
Section 2113.22 | Proceedings Against Former Executor or Administrator.
Section 2113.23 | Sales of Former Executor or Administrator Valid.
Section 2113.25 | Time Frame for Collection of Assets and Administration of Estate; Extensions.
Section 2113.26 | Examination of Executor or Administrator.
Section 2113.30 | Continuing Decedent's Business.
Section 2113.31 | Responsibility of Executor or Administrator.
Section 2113.311 | Management and Rental of Real Property by Executor or Administrator.
Section 2113.32 | Executors and Administrators Not to Profit.
Section 2113.33 | Not Responsible for Bad Debts.
Section 2113.34 | Chargeable With Property Consumed.
Section 2113.35 | Commissions.
Section 2113.36 | Further Allowance - Counsel Fees.
Section 2113.37 | Allowance for Tombstone and Cemetery Lot.
Section 2113.39 | Sale of Property Under Authority of Will.
Section 2113.40 | Sale of Personal Property.
Section 2113.41 | Public Sale.
Section 2113.42 | Report of Sale.
Section 2113.44 | Sale of Notes Secured by Mortgage.
Section 2113.45 | Mortgaged Premises to Be Considered Personal Assets - Possession.
Section 2113.46 | Who May Discharge Mortgage.
Section 2113.47 | Foreclosure of Mortgage.
Section 2113.48 | Action to Complete Contract to Sell Land.
Section 2113.49 | Court May Order Alteration or Cancellation of Contract.
Section 2113.50 | Completion of Decedent's Contract to Buy Land.
Section 2113.51 | Property May Be Delivered to Legatee.
Section 2113.52 | Devisee Takes Subject to Tax Lien - Exoneration of Mortgage Lien.
Section 2113.53 | Distribution of Assets of Estate.
Section 2113.531 | General Legacies - Interest.
Section 2113.54 | Distribution Upon Application of Legatee or Distributee.
Section 2113.55 | Distribution in Kind.
Section 2113.56 | Executor or Administrator Not Liable.
Section 2113.58 | Protection of Remainderman's Interest in Personal Property.
Section 2113.59 | Lien on Share of Beneficiary.
Section 2113.61 | Application for Certificate of Transfer of Real Property.
Section 2113.62 | Record by County Recorder.
Section 2113.64 | Investment of Unclaimed Money.
Section 2113.65 | Disposition of Investment.
Section 2113.66 | Statute of Limitations No Defense.
Section 2113.67 | Money Paid to Owner.
Section 2113.68 | Responsibility for Safekeeping of Evidences of Title.
Section 2113.69 | Newly Discovered Assets.
Section 2113.70 | Suit Against Foreign Executors and Administrators.
Section 2113.71 | Jurisdiction.
Section 2113.72 | Proceedings Against Foreign Executor or Administrator.
Section 2113.73 | Security for Distributees and Indemnification for Sureties.
Section 2113.74 | Other Remedies.
Section 2113.75 | Foreign Executor or Administrator May Prosecute Suit in This State.
Section 2113.85 | Apportionment of Tax Definitions.
Section 2113.86 | Apportionment of Taxes.
Section 2113.861 | Apportionment of Generation-Skipping Tax.
Section 2113.87 | Requesting Court to Determine Apportionment of Tax.
Section 2113.88 | Withholding or Recovering Amount of Tax.
Section 2113.89 | Action to Recover Tax.
Section 2113.90 | Action by Foreign Fiduciary or Obligated Person.