Agent Under Health Care POA Cannot Designate Nursing Home as Authorized Medicaid Representative

An Ohio appeals court rules that an agent under a health care power of attorney does not have authority to designate a nursing home as a resident’s authorized representative to apply for Medicaid benefits on the resident’s behalf. Campbell v. Ohio Department of Job and Family Services (Ohio Ct. App., 2nd Dist., No. 28499, Jan. 31, 2020).

Mary Campbell executed a power of attorney, giving her son, Clayton Campbell, power to make health care decisions for her. Ms. Campbell entered a nursing home, and Mr. Campbell signed a document naming the nursing home as her Medicaid authorized representative. The nursing home applied for Medicaid on Ms. Campbell’s behalf.

The state denied benefits, and the nursing home requested a hearing. The state denied the hearing because it claimed the nursing home did not have authority to act as Ms. Campbell’s representative. The nursing home filed an appeal in court. The trial court ruled that it did not have jurisdiction to hear the claim. The nursing home appealed again.

The Ohio Court of Appeals, Second District, denies the appeal. The court rules that Mr. Campbell did not have authority under a health care power of attorney to designate the nursing home as Ms. Campbell’s authorized representative. According to the court, “while decisions about health care are covered by a health care POA, decisions about how to pay for health care would be covered by a financial power of attorney.”

For the full text of this decision, go to: http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2020/2020-Ohio-298.pdf

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