This Note argues that Ohio’s Medicaid third party liability statute must either be invalidated by the Ohio Supreme Court or repealed by the Ohio General Assembly. This Note then goes on to argue that the Ohio General Assembly must amend its Medicaid third party liability statute to require settlement allocation before ODJFS can recover the medical payments it made on behalf of Ohio Medicaid recipients. Finally, this Note argues that Ohio should also amend its Medicaid third party liability statute to require that the parties come to an allocation agreement themselves or, if that proves impossible, to require a judicial allocation hearing to so allocate.
Note, Kicking Ohio Medicaid Recipients When They are Down: How Ohio's Third Party Liability Medicaid Statute Violates Federal Law as Interpreted by Ahlborn, 61 Clev. St. L. Rev. 863