5111.0117 Real property not homestead after 13-month institutional residence. - Ohio Statutes

5111.0117 Real property not homestead after 13-month institutional residence.

(A) As used in this section and section 5111.0118 of the Revised Code:

(1) “ICF/MR services” means intermediate care facility for the mentally retarded services covered by the medicaid program that an intermediate care facility for the mentally retarded provides to a resident of the facility who is a medicaid recipient eligible for medicaid-covered intermediate care facility for the mentally retarded services.

(2) “Intermediate care facility for the mentally retarded” has the same meaning as in section 5111.20 of the Revised Code.

(3) “Nursing facility” has the same meaning as in section 5111.20 of the Revised Code.

(4) “Nursing facility services” means nursing facility services covered by the medicaid program that a nursing facility provides to a resident of the nursing facility who is a medicaid recipient eligible for medicaid-covered nursing facility services.

(5) “Other medicaid-funded long-term care services” has the meaning specified in rules adopted under section 5111.011 of the Revised Code.

(B) Except as provided by division (C) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/MR services, or other medicaid-funded long-term care services, the director of job and family services may consider an aged, blind, or disabled individual’s real property to not be the individual’s homestead or principal place of residence once the individual has resided in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution for at least thirteen months.

(C) Division (B) of this section does not apply to an individual if any of the following reside in the individual’s real property that, because of this division, continues to be considered the individual’s homestead or principal place of residence:

(1) The individual’s spouse;

(2) The individual’s child if any of the following apply:

(a) The child is under twenty-one years of age.

(b) The child is considered blind or disabled under 42 U.S.C. 1382c.

(c) The child is financially dependent on the individual for housing as determined in accordance with rules adopted under section 5111.011 of the Revised Code.

(3) The individual’s sibling if the sibling has a verified equity interest in the real property and resided in the real property for at least one year immediately before the date the individual was admitted to the nursing facility, intermediate care facility for the mentally retarded, or other medical institution.

Effective Date: 03-30-2006