The State of Ohio has One Year from Decedent's Death to Present a Claim Against an Estate for Medicaid Recovery

In re: Estate of Centorbi, 186 Ohio App.3d 263, 2010-Ohio-442. Decedent's sister filed an application to relieve estate from administration. The decedent was a Medicaid recipient, however, the decedent's sister failed to properly complete the Medicaid Estate Recovery Form. The state of Ohio filed an application to re-open the estate for Medicaid reimbursement beyond the one year statute of limitations period. The state argued that it should be able to bring a claim against the estate beyond the one year statute of limitations because the Medicaid Estate Recovery Form was not properly completed and further argued that the statute of limitations did not apply to the state. The Eighth District Court of Appeals (Cuyahoga County) held that the one year statute of limitations period did apply to Medicaid claims against an estate and the state was time barred from bringing its claim.