For those currently receiving any type of Medicaid benefit and for those applying for any type of Medicaid benefit in the near future and beyond, such cases will be subject to the major changes occurring in the Ohio Medicaid program.
Effective July 1, 2016, Ohio is transferring from a 209(b) state to a 1634 state. The numbers reference section numbers of the Social Security Act and its amendments. The change will affect the eligibility criteria and eligibility determination that Ohio currently employs. Perhaps the most important change may be the need to create a trust called a “Qualified Income Trust” a/k/a “Miller Trust”, in Medicaid planning and for continued eligibility. Such a trust is commonly used in 1634 states where your level of income could deny you Medicaid benefits (where Ohio is going) but not in 209(b) states where you could “spend down” in order to reach Medicaid eligibility (where Ohio currently stands).
For those currently receiving Medicaid benefits, there is no grandfathering in; you will be subject to the changes. The Ohio Medicaid Department estimates that the changes could affect as many as 38,000 current Medicaid recipients.
For more information about the changes in Ohio Medicaid or about elder law in general, please contact Joseph P. Mattera, Esq. at (937) 223-1130 or firstname.lastname@example.org. Joe will be writing an extended article on the subject to be included in our next FOCUS edition and posted on our website.