Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 296
2025-2026
Senators Craig, Weinstein
Cosponsors: Senators DeMora,
Hicks-Hudson, Koehler, Smith
To
amend section 5163.33 of the Revised Code
to
declare the General Assembly's intent to increase the Medicaid
personal needs allowance for residents of nursing homes and ICFs/IID.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5163.33 of the Revised Code be amended to read as follows:
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 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 dollars for an
individual resident and not less than one 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 dollars for an individual resident and not less than one
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.
(D)
It is the intent of the general assembly that beginning on the
effective date of this amendment, the medicaid director shall
increase the amounts specified in divisions (B) and (C) of this
section to not less than seventy-five dollars for an individual
resident and not less than one hundred fifty dollars for a married
couple. Thereafter, on the thirtieth day of each September, the
director shall increase those amounts effective the following January
first. The amount of the increase shall be equal to the percentage
increase, if any, in the consumer price index from the average of the
third quarter of the year in which the calculation is being made to
the average of the third quarter of the previous year. The medicaid
director shall round the percentage increase to the nearest one-tenth
of one per cent. If no increase in that index occurs, the medicaid
director shall not increase the amount.
Section
2.
That
existing section 5163.33 of the Revised Code is hereby repealed.