Ohio Revised Code|Section 2113.041 | Request to financial institution to release account proceed to recover costs of services.

                                                
(A) The administrator of the medicaid estate  recovery program established pursuant to section 5162.21 of the  Revised Code may present an affidavit to a financial institution  requesting that the financial institution release account proceeds  to recover the cost of services correctly provided to a medicaid  recipient who is subject to the medicaid estate recovery program.  The affidavit shall include all of the following information: 
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent  was a medicaid recipient and that person's relationship to the  decedent;
(3) The name of the financial institution;
(4) The account number;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to  the administrator of the medicaid estate recovery program if all  of the following apply:
(1) The decedent held an account at the financial institution  that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that  no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the  administrator of the medicaid estate recovery program.
(4) The financial institution has received no objections or  has determined that no valid objections to release of proceeds  have been received.
(C) If proceeds have been released pursuant to division (B)  of this section and the department of medicaid receives notice of  a valid claim to the proceeds that has a higher priority under  section 2117.25 of the Revised Code than the claim of the medicaid  estate recovery program, the department may refund the proceeds to  the financial institution or pay them to the person or government  entity with the claim.