Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) The general assembly hereby finds that the state has an insurable interest in medicaid recipients because of the state's statutory right to recover from the estate of a recipient state funds used to provide the recipient with medicaid services.
(B) As used in this section:
(1) "Beneficiary" means the person or entity designated in a life insurance policy to receive the proceeds of the policy on the death of the insured or maturity of the policy.
(2) "Owner" means the person who has the right to designate the beneficiary of a life insurance policy and to change the designation.
(C) The value of a life insurance policy that would otherwise be considered a resource in determining eligibility for the medicaid program shall be excluded from any determination of a person's eligibility for the medicaid program if the owner designates the department of medicaid as beneficiary of the policy. The department may pay premiums to keep the policy in force. Premiums paid by the department are medicaid payments correctly paid on behalf of a medicaid recipient and subject to recovery under section 5162.21 of the Revised Code.
(D) The medicaid director shall deposit the proceeds of a life insurance policy that do not exceed the amount the department may recover against the property and estate of the owner under section 5162.21 of the Revised Code into the general revenue fund. The director shall pay any remaining proceeds to the person designated by the owner. If the owner failed to designate a person, the director shall pay the remaining proceeds to the surviving spouse, or, if there is no surviving spouse, to the estate of the owner.
(E) If the owner designates the department of medicaid as the policy's beneficiary, the department shall notify the owner that the owner may designate a person to receive proceeds of the policy that exceed the amount the department may recover against the owner's property and estate under section 5162.21 of the Revised Code. The designation shall be made on a form provided by the department.
Structure Ohio Revised Code
Chapter 5163 | Medicaid Eligibility
Section 5163.01 | Definitions.
Section 5163.02 | Rules Establishing Eligibility Requirements for Medicaid.
Section 5163.03 | Medicaid Coverage.
Section 5163.05 | Eligibility Requirements for Aged, Blind, and Disabled.
Section 5163.06 | Optional Eligibility Groups.
Section 5163.061 | Income Eligibility Threshold for Pregnant Women.
Section 5163.07 | Income Eligibility Threshold for Parents and Caretaker Relatives.
Section 5163.09 | Medicaid Buy-in for Workers With Disabilities Program.
Section 5163.091 | Qualifications for Program.
Section 5163.092 | Resource Eligibility Limit - Annual Adjustment.
Section 5163.093 | Individual Income Eligibility Limit.
Section 5163.094 | Amount of Annual Individual Premium.
Section 5163.096 | Continued Participation Where Employment Ceases.
Section 5163.097 | Director to Make Federally Required Changes.
Section 5163.098 | Program Implementing Rules; Disregarded Income.
Section 5163.10 | Implementation of the Presumptive Eligibility for Pregnant Women Option.
Section 5163.101 | Implementation of the Presumptive Eligibility for Children Option.
Section 5163.20 | Beneficiary of Disability Trust.
Section 5163.21 | Eligibility Determinations for Cases Involving Medicaid Programs.
Section 5163.22 | Life Insurance Policies.
Section 5163.30 | Disposal of Assets Under Market Value After Look-Back Date.
Section 5163.31 | Real Property Not Homestead After 13-Month Institutional Residence.
Section 5163.32 | Equity Interest in Home Exceeds $500,000.
Section 5163.33 | Deducting Personal Needs Allowance From Recipient's Income.
Section 5163.40 | Healthy Start Component.
Section 5163.45 | Confinement of Medicaid Recipient in Correctional Facility.
Section 5163.52 | Eligibility Redetermination After Federal Limitation Removed.