Article Taken From: NASP
Ohio Amended Substitute House Bill Number 59 was recently enacted into law. The new legislation is an omnibus one ranging from the creation of the Ohio Department of Medicaid (ODM) to renumbering statutes. With respect to subrogation, the bill transfers the administration of medical assistance programs – Medicaid, Children’s Health Insurance Program, and Refugee Medical Assistance – to the ODM. Additionally, the bill allows for an automatic right of subrogation for any workers’ compensation benefits payable to a person subject to a support order (currently subrogation is allowed only if the support order is on behalf of a Medicaid recipient). The bill provides for the ODM’s right of subrogation for medical benefits paid under waiver programs like Assisted Living, even if those programs are terminated. Finally, the House amendment barring subrogation suits against the government for injury, death, or property damage (R.C. § 2744.05) remains in place.