Merritt v. Ohio Dept. of Job & Family Servs.

Citations

• 154 N.E.3d 118
• 2020 Ohio 2674

Syllabus

A Medicaid applicant appeals decision affirming administrative agency decision. Ohio Department of Job and Family Services denied applicant's request for long term care Medicaid. Attorney that represented applicant's nursing home requested a hearing to review the denial. Attorney forwarded agency documentation showing that applicant had granted written authorization to the nursing home to request a hearing on applicant's behalf. Agency denied the request on alleged basis that it had no documentation showing that the attorney had written authorization from the applicant. Common pleas court abused its discretion in affirming the agency denial. A licensed Ohio attorney informed agency that she represented the applicant's authorized representative for Medicaid purposes and was requesting a review hearing on behalf of the applicant. The letter was supported by documents establishing the client's status as an authorized representative, including a designation of authorization form signed by the applicant's power of attorney and a copy of the power of attorney.