Ohio Revised Code|Section 5162.211 | Lien against property of recipient or spouse as part of estate recovery program.

                                                
(A) Except as provided in division (B) of  this section and section 5162.23 of the Revised Code, no lien may  be imposed against the property of an individual before the  individual's death on account of medicaid services correctly paid  or to be paid on the individual's behalf. 
(B) Except as provided in division (C) of this section, the  department of medicaid may impose a lien against the real property  of a medicaid recipient who is a permanently institutionalized  individual and against the real property of the recipient's  spouse, including any real property that is jointly held by the  recipient and spouse. The lien may be imposed on account of  medicaid paid or to be paid on the recipient's behalf.
(C) No lien may be imposed under division (B) of this section  against the home of a medicaid recipient if any of the following  lawfully resides in the home:
(1) The recipient's spouse;
(2) The recipient's son or daughter who is under twenty-one  years of age or, under the "Social Security Act," section 1614, 42  U.S.C. 1382c, considered to be blind or disabled;
(3) The recipient's sibling who has an equity interest in the  home and resided in the home for at least one year immediately  before the date of the recipient's admission to the institution.
(D) The medicaid director or a person designated by the  director shall sign a certificate to effectuate a lien required to  be imposed under this section. The county department of job and  family services shall file for recording and indexing the  certificate, or a certified copy, in the real estate mortgage  records in the office of the county recorder in every county in  which real property of the recipient or spouse is situated. From  the time of filing the certificate in the office of the county  recorder, the lien attaches to all real property of the recipient  or spouse described in the certificate for all amounts for which  adjustment or recovery may be made under section 5162.21 of the  Revised Code and, except as provided in division (E) of this  section, shall remain a lien until satisfied.
Upon filing the certificate in the office of the recorder,  all persons are charged with notice of the lien and the rights of  the department of medicaid thereunder.
The county recorder shall keep a record of every certificate  filed showing its date, the time of filing, the name and residence  of the recipient or spouse, and any release, waivers, or  satisfaction of the lien.
The priority of the lien shall be established in accordance  with state and federal law.
The department may waive the priority of its lien to provide  for the costs of the last illness as determined by the department,  administration, attorney fees, administrator fees, a sum for the  payment of the costs of burial, which shall be computed by  deducting from five hundred dollars whatever amount is available  for the same purpose from all other sources, and a similar sum for  the spouse of the decedent.
(E) A lien imposed with respect to a medicaid recipient under  this section shall dissolve on the recipient's discharge from the  institution and return home.