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

Section 5160.37 of the Ohio Revised Code requires that the recipient or the recipient's attorney, if any, provide ODM 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 5160.37 further requires that no settlement, compromise, judgment, or award or any recovery in any action or claim by the recipient where ODM has a right of recovery shall be made final without first giving this written notice to ODM and providing it with a reasonable opportunity to perfect its right of recovery.

Moreover, under Section 5160.38 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
5475 Rings Rd., Suite 200
Dublin, OH 43017

For legal actions where ODM 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 Medicaid
Attn: Tort Recovery

50 E Town Street, 4th Floor
Columbus, OH 43215-4173

Contact Information

Ohio Tort Recovery Unit
5475 Rings Rd., Suite 200
Dublin, OH 43017

Phone:  888-245-9019
Fax:  614-242-1051
Email:  ohiotort@hms.com