Ohio Revised Code
Chapter 5163 | Medicaid Eligibility
Section 5163.31 | Real Property Not Homestead After 13-Month Institutional Residence.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) Except as provided by division (A) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/IID services, or other medicaid-funded long-term care services, the medicaid director may consider an aged, blind, or disabled individual's real property to not be the individual's homestead or principal place of residence once the individual has resided in a nursing facility, ICF/IID, or other medical institution for at least thirteen months.
(B) Division (A) of this section does not apply to an individual if any of the following reside in the individual's real property that, because of this division, continues to be considered the individual's homestead or principal place of residence:
(1) The individual's spouse;
(2) The individual's child if any of the following apply:
(a) The child is under twenty-one years of age.
(b) The child is considered blind or disabled under the "Social Security Act," section 1614, 42 U.S.C. 1382c.
(c) The child is financially dependent on the individual for housing as determined in accordance with rules adopted under section 5163.02 of the Revised Code.
(3) The individual's sibling if the sibling has a verified equity interest in the real property and resided in the real property for at least one year immediately before the date the individual was admitted to the nursing facility, ICF/IID, or other medical institution.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

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 5163.095 | Eligibility Not Denied Due to Services Received Under Home and Community-Based Services Medicaid Waiver Component.

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.