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1. Do I have to be appointed the legal guardian or have power of attorney to apply on the patients behalf?

No, anyone having knowledge of the patient's assets and income may apply. The patient may designate an authorized representative in writing.

2. Do I have to pay all my income to the nursing facility in I stay an entire month?

No, you may receive a $40 personal allowance and other deductions can include medical premiums, unpaid medical bills, and a monthly income allowance if you have a spouse and/or dependent child in community. Veterans with no spouse or children in the community or widows of veterans may receive $900 personal allowance.

3. If I am discharged to my home, must I pay my income to the nursing home?

No, as long as you are discharged before the last day of the month.

4. If I die while I am a resident of a nursing facility, can my personal allowance funds held by the nursing home go to a designated person?

No, if you are a single individual, the nursing home staff must return all these funds to the Recovery Unit to offset any Medicaid funds expended during your life time. The nursing home staff can however, pay for any unpaid funeral or burial expenses before sending the remainder to the Recovery unit. If you have a spouse or dependent child in the community, remaining funds will be directed to them.

5. If I must spend down some of my assets to quality, can I pre-plan my burial?

Yes, it is wise to purchase an irrevocable burial contract. Make sure your plans are complete by including grave, grave maker, and any other funeral expenses.

6. Can my spouse or dependent children in the community have my assets and income?

Yes, it may be possible to protect at least one half of marital assets for the community spouse. The community spouse or representative should request a resource assessment at the time of admission so assets are not over spent. If income is below the community spouse standard, or there are high housing expenses, the nursing home resident's income may be transferred to the spouse and any dependent children living in the community.

7. If I am a community spouse, must I spend the excess assets solely on nursing home costs?

No, the overage may be spent on purchases that benefit the community spouse. For example, home repairs, car and personal items.

8. Does the Medicaid program recognize common law marriages?

Only if the common law relationship was established before October 1, 1991. The caseworker will explore protection of marital assets and income.

9. What happens to my home if I go into a nursing home?

The home must be listed for sale after a person has been in the nursing facility for 6 months with the following exceptions:

• The spouse lives there.
• A child under age 21 or an adult child between 21 and 65 who is disabled lives there.
• An adult child over 65 who is financially dependent on his/her parent for housing lives there.
• A sibling has lived in the house for at least one year immediately before the date the individual was admitted to the nursing home. Also, the sibling must have verified equity interest in the home.

10. If I have provided care for the nursing home patient, can the home be transferred to me?

The home can be transferred only to an adult child who lived in the house and provided care for at least 2 years prior to the nursing home admission. The caseworker will inform the adult child of the necessary documents to process this exemption.

11. If there an alternative to nursing facility placement?

Yes, Wavier Programs are available to patients who require nursing home care and have the support to stay in their home. They must quality for long term care Medicaid.

Such services are:

• Passport for those age 60 and over
• Ohio Homecare Waiver for those under age 60 or those deemed medically fragile at any age
• Individual Options and OBRA for individuals with mental retardation or developmental disabilities.

Services are provided - such as:

• nursing
• transportation
• housing modifications
• homemaker
• chore services.

Discuss this option with the nursing home discharge planning staff or the caseworker and to receive the ODHS 2399 referral.

12. Will I be eligible for any assistance after I am discharge from the nursing home?

The caseworker can determine if you are eligible for Community Medicaid and Food Stamps.

13. What can I do if I disagree with a decision made regarding my application?

You can request a state hearing by contacting the caseworker, the county hearing officer, or the Bureau of State Hearings or Ohio Department of Human Services.