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Medicaid Planning · Ohio

Ohio Medicaid estate recovery

Medicaid estate recovery rules for Ohio.

Published: September 4, 2026. Last checked: September 2, 2026.

Recovery scope

Expanded recovery includes probate property and interests passing through joint tenancy, tenancy in common, survivorship, life estate, living trust, and other arrangements, subject to federal limits.

Source: Ohio Revised Code section 5162.21 [state-statute] — Effective September 29, 2013

Controlling authority

Ohio Revised Code sections 5162.21 and 5162.211

Source: Ohio Revised Code section 5162.21 [state-statute] — Effective September 29, 2013 Additional authority: Ohio Revised Code section 5162.211 [state-statute] — Effective September 29, 2013

Exemptions and deferrals

No recovery occurs while a surviving spouse lives or while a surviving child is under 21 or blind or disabled; qualifying sibling and caregiver-child home interests also receive statutory protection.

Source: Ohio Revised Code section 5162.21 [state-statute] — Effective September 29, 2013

Hardship-waiver path

A timely hardship request may address a sole income-producing family farm or business, loss of necessities, certain substantial care or equity contributions, or qualifying dependent circumstances.

Source: Ohio Administrative Code 5160:1-2-07 [state-medicaid-agency] — Effective January 1, 2018

Lien practice

Ohio may place a lien on real property of a permanently institutionalized recipient after notice and hearing, but not when a protected spouse, child, or qualifying sibling resides there.

Source: Ohio Revised Code section 5162.211 [state-statute] — Effective September 29, 2013

Sources and update policy

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

This page is educational and is not legal advice.