Ohio Panel Majority: State Medicaid Department’s Claim To Estate Had Priority

Mealey's (May 13, 2019, 2:05 PM EDT) -- DAYTON, Ohio — A 2-1 Ohio appellate panel on May 10 affirmed a probate court’s ruling that a lien placed by the Ohio Department of Medicaid (ODM) on a woman’s property after her death was valid and that its claim against her estate should be paid before one submitted by the nursing facility where she lived before her death, holding that post-death liens are valid under state law and that Ohio’s Medicaid Estate Recovery Program allows ODM to recover its claims before the nursing home (R.C. Wiesenmayer, et al. v. Helen Catherine Vaspory, et al., No. 27931, Ohio App., 2nd Dist., Montgomery Co., 2019 Ohio App. LEXIS 1880)....