Ohio Administrative Code
Title 5160:1 - Eligibility
Chapter 5160:1-3 - Medicaid for the Aged, Blind, or Disabled (ABD)
Section 5160:1-3-05.13 - Medicaid: treatment of the home
Universal Citation: OH Admin Code 5160:1-3-05.13
Current through all regulations passed and filed through September 16, 2024
(A) This rule describes the treatment of an individual's home for purposes of determining eligibility for medical assistance.
(B) Definitions.
(1) "Home," for the
purpose of this rule, means any property in which an individual has an
ownership interest and which serves as
the individual's principal place of residence. Home includes the structures and
land appertaining to the home property. Appertaining land must adjoin the land
on which the home property is located and must not be separated by intervening
land property owned by others.
(2)
"Principal place of residence" means the dwelling considered to be
the individual's established or
principal home and to which, when absent, the individual intends to return.
Principal place of residence can be real or personal property, fixed or mobile,
and located on land or water.
(a) Only one
dwelling may be established as the principal place of
residence.
(b) The administrative
agency must obtain a signed statement, declaring the principal place of
residence, when there is an indication the individual resides in or has
ownership of more than one place.
(C) The home lived in, owned by, and considered the principal place of residence by the individual, the couple, or the parents with whom the eligible child is living is an excluded resource, regardless of value.
(1) For the value of the
home to be excluded:
(a) The home must be the
principal place of residence of the individual, the individual's
spouse, or a
parent with whom the eligible child is living
; and
(b) The deed to the home must be in the
name of the
individual, the individual's spouse, or the
name of the eligible child's
parent;
or
(c) The home must be deeded to a
revocable trust so long as the principal of the trust remains a resource of the
individual or the individual's spouse.
(2) The home is no longer considered to be
the principal place of residence and shall be treated as a countable resource
when the
individual does not intend to return to the home.
(3) A temporary absence from the home does
not affect the principal place of residence exclusion so long as the individual
provides a signed statement of intent to return to the home
and has not established permanent residence elsewhere.
(4)
When the individual
leaves the home with no intent of returning, the home remains an excluded
resource for as long as:
(a) A spouse or
dependent relative of the individual continues to live
in the
home while the individual is receiving long-term care services, in
accordance with Chapter 5160:1-6 of the Administrative Code.
(i) Dependency may be of any kind (e.g., financial, medical, etc.).
(ii) Relative means:
(a) Child, stepchild, or grandchild;
(b) Parent, stepparent, or
grandparent;
(c) Aunt, uncle,
niece, or nephew;
(d) Brother,
sister, stepbrother or stepsister, half brother or half sister;
(e) Cousin; or
(f) In-law.
(b)
The sale
of the home would cause undue hardship, due to
loss of housing for the co-owner of the property
and the co-owner provides a signed statement that the co-owner:
(i) Uses the property as
the
co-owner's principal place of residence; and
(ii) Would have to move
when the
property was sold; and
(iii) Has no other readily available housing.
(c) The individual leaves
the
home due to domestic abuse and has not established a new principal place of
residence, or has not taken action to render the home no longer
excludable.
(d) The property
satisfies the provisions governing the treatment of
property essential for self-support described in rule
5160:1-3-05.19 of the
Administrative Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
