One-Year Statute of Limitations No Bar To Medicaid Recovery Suit, State Court Says

Ohio’s Medicaid agency may recover its costs from a beneficiary’s estate, even though it filed its claim more than a year after the beneficiary’s death, the Ohio Supreme Court ruled May 18 (In re Estate of Centorbi, Ohio, 2010-0597, 5/18/11).

The state high court, interpreting Ohio Rev. Code §2117.061(E), a provision of the law governing Ohio’s Medicaid estate-recovery program, said the state must file its claim to recover Medicaid expenditures from a beneficiary’s estate within a year of the beneficiary’s death or within 90 days of obtaining proper notice of that death, whichever is later.

But because ...