2011 Ohio Revised Code
Title [51] LI PUBLIC WELFARE
Chapter 5111: MEDICAL ASSISTANCE PROGRAMS
5111.113 [Effective Until1/13/2012] Transfer of personal needs allowance account.

(A) As used in this section:

(1) “Adult care facility” has the same meaning as in section 5119.70 of the Revised Code.

(2) “Commissioner” means a person appointed by a probate court under division (B) of section 2113.03 of the Revised Code to act as a commissioner.

(3) “Home” has the same meaning as in section 3721.10 of the Revised Code.

(4) “Personal needs allowance account” means an account or petty cash fund that holds the money of a resident of an adult care facility or home and that the facility or home manages for the resident.

(B) Except as provided in divisions (C) and (D) of this section, the owner or operator of an adult care facility or home shall transfer to the department of job and family services the money in the personal needs allowance account of a resident of the facility or home who was a recipient of the medical assistance program no earlier than sixty days but not later than ninety days after the resident dies. The adult care facility or home shall transfer the money even though the owner or operator of the facility or home has not been issued letters testamentary or letters of administration concerning the resident’s estate.

(C) If funeral or burial expenses for a resident of an adult care facility or home who has died have not been paid and the only resource the resident had that could be used to pay for the expenses is the money in the resident’s personal needs allowance account, or all other resources of the resident are inadequate to pay the full cost of the expenses, the money in the resident’s personal needs allowance account shall be used to pay for the expenses rather than being transferred to the department of job and family services pursuant to division (B) of this section.

(D) If, not later than sixty days after a resident of an adult care facility or home dies, letters testamentary or letters of administration are issued, or an application for release from administration is filed under section 2113.03 of the Revised Code, concerning the resident’s estate, the owner or operator of the facility or home shall transfer the money in the resident’s personal needs allowance account to the administrator, executor, commissioner, or person who filed the application for release from administration.

(E) The transfer or use of money in a resident’s personal needs allowance account in accordance with division (B), (C), or (D) of this section discharges and releases the adult care facility or home, and the owner or operator of the facility or home, from any claim for the money from any source.

(F) If, sixty-one or more days after a resident of an adult care facility or home dies, letters testamentary or letters of administration are issued, or an application for release from administration under section 2113.03 of the Revised Code is filed, concerning the resident’s estate, the department of job and family services shall transfer the funds to the administrator, executor, commissioner, or person who filed the application, unless the department is entitled to recover the money under the medicaid estate recovery program instituted under section 5111.11 of the Revised Code.

Amended by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 7/1/2011.

Effective Date: 07-01-2000; 10-01-2005; 2007 HB119 09-29-2007

This section is set out twice. See also § 5111.113, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

5111.113 [Effective1/13/2012] Transfer of personal needs allowance account

(A) As used in this section:

(1) “Adult care facility” has the same meaning as in section 5119.70 of the Revised Code.

(2) “Commissioner” means a person appointed by a probate court under division (E) of section 2113.03 of the Revised Code to act as a commissioner.

(3) “Home” has the same meaning as in section 3721.10 of the Revised Code.

(4) “Personal needs allowance account” means an account or petty cash fund that holds the money of a resident of an adult care facility or home and that the facility or home manages for the resident.

(B) Except as provided in divisions (C) and (D) of this section, the owner or operator of an adult care facility or home shall transfer to the department of job and family services the money in the personal needs allowance account of a resident of the facility or home who was a recipient of the medical assistance program no earlier than sixty days but not later than ninety days after the resident dies. The adult care facility or home shall transfer the money even though the owner or operator of the facility or home has not been issued letters testamentary or letters of administration concerning the resident’s estate.

(C) If funeral or burial expenses for a resident of an adult care facility or home who has died have not been paid and the only resource the resident had that could be used to pay for the expenses is the money in the resident’s personal needs allowance account, or all other resources of the resident are inadequate to pay the full cost of the expenses, the money in the resident’s personal needs allowance account shall be used to pay for the expenses rather than being transferred to the department of job and family services pursuant to division (B) of this section.

(D) If, not later than sixty days after a resident of an adult care facility or home dies, letters testamentary or letters of administration are issued, or an application for release from administration is filed under section 2113.03 of the Revised Code, concerning the resident’s estate, the owner or operator of the facility or home shall transfer the money in the resident’s personal needs allowance account to the administrator, executor, commissioner, or person who filed the application for release from administration.

(E) The transfer or use of money in a resident’s personal needs allowance account in accordance with division (B), (C), or (D) of this section discharges and releases the adult care facility or home, and the owner or operator of the facility or home, from any claim for the money from any source.

(F) If, sixty-one or more days after a resident of an adult care facility or home dies, letters testamentary or letters of administration are issued, or an application for release from administration under section 2113.03 of the Revised Code is filed, concerning the resident’s estate, the department of job and family services shall transfer the funds to the administrator, executor, commissioner, or person who filed the application, unless the department is entitled to recover the money under the medicaid estate recovery program instituted under section 5111.11 of the Revised Code.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Amended by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 7/1/2011.

Effective Date: 07-01-2000; 10-01-2005; 2007 HB119 09-29-2007

This section is set out twice. See also § 5111.113, effective until 1/13/2012.