HB 822: Regards Medicaid personal needs allowance for certain individuals
<p>The bill amends Ohio Revised Code sections to update eligibility requirements for individuals seeking Medicaid-funded assisted living services, ensuring they need an intermediate level of care and reside in authorized facilities. It also establishes a monthly personal needs allowance for participants, not less than $100 for individuals and $200 for married couples if both are participants. Additionally, the bill sets similar allowances for nursing home residents and residents of ICF/IID (Intermediate Care Facilities for Individuals with Intellectual Disabilities), ensuring these amounts do not fall below specified thresholds.</p>
| May. 13, 2026 | Referred to committee: Medicaid |
| Apr. 13, 2026 | Introduced |
As Introduced
136th General Assembly
Regular Session
H. B. No. 822
2025-2026
Representative Click
To amend sections 173.541 and 5163.33 of the ..... 1
Revised Code regarding the Medicaid personal ..... 2
needs allowance for individuals eligible for the ..... 3
Medicaid-funded assisted living program and for ..... 4
residents of nursing homes and ICFs/IID. ..... 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 173.541 and 5163.33 of the ..... 6
Revised Code be amended to read as follows: ..... 7
Sec. 173.541.
(A) To be eligible for the medicaid-funded ..... 8
component of the assisted living program, an individual must ..... 9
meet all of the following requirements: ..... 10
(A) (1) Need an intermediate level of care as determined by ..... 11
an assessment conducted under section 173.546 of the Revised ..... 12
Code; ..... 13
(B) (2) While receiving assisted living services under the ..... 14
medicaid-funded component, reside in a residential care facility ..... 15
that is authorized by a valid medicaid provider agreement to ..... 16
participate in the component, including both of the following: ..... 17
(1) (a) A residential care facility that is owned or ..... 18
operated by a metropolitan housing authority that has a contract ..... 19
with the United States department of housing and urban ..... 20
development to receive an operating subsidy or rental assistance for the residents of the facility;
(2) (b) A county or district home licensed as a residential care facility.
(C) (3) Meet all other eligibility requirements for the medicaid-funded component established in rules adopted under section 173.54 of the Revised Code.
(B) In determining the amount of income that a waiver participant must apply monthly toward payment of services under the medicaid-funded component of the assisted living program, a county department of job and family services shall deduct from the participant's monthly income a monthly personal needs allowance in accordance with section 1902(q) of the "Social Security Act," 42 U.S.C. 1396a(q). The monthly personal needs allowance shall be not less than one hundred dollars for an individual and not less than two hundred dollars for a married couple if both spouses are participants in the medicaid-funded component of the assisted living program and their incomes are considered available to each other in determining eligibility for the component.
Sec. 5163.33.
(A) In determining the amount of income that a medicaid recipient must apply monthly toward payment of the cost of care in a nursing facility or ICF/IID, a county department of job and family services shall deduct from the recipient's monthly income a monthly personal needs allowance in accordance with section 1902(q) of the "Social Security Act," section-1902(q), 42 U.S.C. 1396a(q).
(B) In the case of a resident of a nursing facility, the monthly personal needs allowance shall be not less than fifty-one hundred dollars for an individual resident and not less than one-two hundred dollars for a married couple if both spouses are residents of a nursing facility and their incomes are considered available to each other in determining eligibility.
(C) In the case of a resident of an ICF/IID, the monthly personal needs allowance shall be as follows:
(1) Prior to January 1, 2016, forty dollars unless the resident has earned income, in which case the monthly personal needs allowance shall be determined by the department of medicaid, or the department's designee, but shall not exceed one hundred five dollars;
(2) For calendar year 2016 and each calendar year thereafter, not less than fifty-one hundred dollars for an individual resident and not less than one-two hundred dollars for a married couple if both spouses are residents of an ICF/IID and their incomes are considered available to each other in determining eligibility.
Section 2.
That existing sections 173.541 and 5163.33 of the Revised Code are hereby repealed.
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