Your state's pack. New issue every Monday. Bookmark it. I built this for the Ohio T&E solo who knows Title 21 cold but still loses an afternoon a week tracking the moving Ohio Medicaid pieces — and who has to plan around one of the country's most aggressive, expanded estate-recovery programs.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to an Ohio T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
R.C. § 5162.21 and OAC 5160:1–2–07 let ODM recover from probate and non-probate assets — bank accounts, jointly held property, and assets in a revocable living trust — for recipients 55+ (any age if permanently institutionalized).
This is the structural fact an Ohio Medicaid plan is built around. A revocable trust is not a recovery shield in Ohio; the planning tools are the irrevocable trust, completed transfers outside the look-back, and the TOD-deed-plus-recovery-form mechanics. The malpractice trap is treating Ohio like a probate-only state.
Ohio Rev. Code § 5162.21; OAC 5160:1–2–07 · codes.ohio.gov
Ohio passes real property at death by a recorded transfer-on-death designation affidavit (R.C. § 5302.22), and R.C. § 5302.221 requires the county recorder to give the TOD beneficiary a Medicaid-estate-recovery form before recording the post-death transfer.
The TOD affidavit avoids probate, but Ohio's expanded recovery and the § 5302.221 form mean the home can still be reached. Counsel clients that the TOD affidavit is a probate tool, not a recovery shield.
Ohio Rev. Code §§ 5302.22, 5302.221 · codes.ohio.gov
Maximum CSRA is $162,660 (minimum $32,532); the single-applicant resource limit is $2,000; Ohio applies the $752,000 home-equity limit.
Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 OBBBA $1,000,000 flat home-equity cap now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
This week in Ohio for the T&E solo with Ohio Medicaid-planning clients: what the Ohio State Bar Association, the OSBA Estate Planning, Trust & Probate Law Section, and Ohio Medicaid (ODM) put in front of you.
The bar CLE calendar, the ODM bulletins, and the federal standards all publish on different schedules. This is that sift, already done, with the link on each item.