Rep. Brennan, LaRe's HB 130 Passes Committee

COLUMBUS — State Rep. Sean Patrick Brennan (Parma) this week announced the passage of House Bill (HB) 130 out of the Ohio House Medicaid Committee. If enacted, this bill would require the Department of Medicaid to take a consumer-focused approach and notify Ohioans in layman’s terms of the Medicaid Estate Recovery Program at the time of application and when they are approved to be a Medicaid recipient.

“One of my top priorities as an elected official is to make the lives of those I serve better and ensure their government is working for them. This is a consumer-protection bill calling for stronger disclosure requirements so that no Ohioan or their family is caught off guard by a program meant to help them. Transparency allows for more informed decisions and ultimately leads to better outcomes for everyone,” said Rep. Brennan. "I am thankful to Rep. LaRe for allowing me to join him on this important piece of legislation.”

Many Ohioans have been adversely affected due to lack of notification and comprehensive understanding of the estate recovery program. Many Medicaid recipients are under the impression that they are receiving free healthcare insurance when in reality, when they pass their entire estate is at risk of recovery by the state of Ohio, including their home which is especially a problem when a loved one resides in the same residence. HB 130 would ensure that individuals are made aware not just once but twice in the process before becoming a Medicaid recipient who may be subject to estate recovery. 

By requiring that Medicaid applicants receive clear, written explanations of the Estate Recovery Program both at the time of application and upon approval, we can ensure that individuals and families can make fully informed financial decisions. The notifications must include how the program functions, outlining specific scenarios and a delineation of what is recoverable. Transparency allows families to explore legal options, such as estate planning strategies, to protect assets while still complying with Medicaid rules.

This legislation would: 

• Require the Department of Medicaid to provide notification regarding the Medicaid Estate Recovery Program, including specified information, both when an individual applies and is approved for Medicaid;
• Require ODM to develop a consumer-focused notification explaining how the Medicaid estate recovery program works and a notification for Medicaid recipients who may be at risk of being subject to the estate recovery program, listing available resources; and
• Require ODM to adopt rules to implement the bill’s notification requirements. 

HB 130 passed the Ohio House Medicaid Committee unanimously and is now on its way to the House floor for consideration.