Ohio Code 5163.31 – Real property not homestead after 13-month institutional residence
(A) Except as provided by division (A) of this section and for the purpose of determining whether an aged, blind, or disabled individual is eligible for nursing facility services, ICF/IID services, or other medicaid-funded long-term care services, the medicaid director 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, ICF/IID, or other medical institution for at least thirteen months.
Terms Used In Ohio Code 5163.31
- Child: includes child by adoption. See Ohio Code 1.59
- Dependent: A person dependent for support upon another.
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(B) Division (A) 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 the “Social Security Act,” section 1614, 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 5163.02 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, ICF/IID, or other medical institution.