Medicaid recipient and counsel’s responsibility to notify ODJFS of informal recovery action and of the filing of a legal recovery action against a third party.

Section 5101.58 of the Ohio Revised Code requires that the recipient or the recipient’s attorney, if any, provide ODJFS with written notice after having either (1) initiated informal recovery activity or (2) filed a legal recovery action against a third party.   This notice must be provided not later than thirty days after the initiation of the activity or action and must disclose the identity and address of the third party against whom the recipient has or may have a right of recovery.  Section 5101.58 further requires that no settlement, compromise, judgment, or award or any recovery in any action or claim by the recipient where ODJFS has a right of recovery shall be made final without first giving this written notice to ODJFS and providing it with a reasonable opportunity to perfect its right of recovery.

Moreover, under Section 5101.59 of the Ohio Revised Code, the application for, or acceptance of, medical assistance constitutes an automatic assignment of benefits to payments from any third party liable to pay for the cost of medical assistance. 

The above-described notice should be sent to the following address: 

 Ohio Tort Recovery Unit

350 Worthington Rd, Suite G,

Westerville, Ohio 43082 

For legal actions where ODJFS is named as a party, do not use the above address to make service.  Instead, use the following address to make service:

Ohio Department of Job and Family Services

C/O Director Douglas E. Lumpkin

30 E. Broad Street, 32^nd Floor

Columbus, Ohio 43215-3414