COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60567 SAMUEL GILL : : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION OHIO DEPT. OF HUMAN SERVICES : : Defendant-appellee : : DATE OF ANNOUNCEMENT OF DECISION: AUGUST 20, 1992 CHARACTER OF PROCEEDING: Civil appeal from Court of Common Pleas Case No. 182820 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: For Defendant-Appellee: GEORGE MINEFF, JR., ESQ. KARIN E. WILSON, ESQ. 736 Standard Building Asst. Attorney General 1370 Ontario Street Health, Education & Human Cleveland, Ohio 44113 30 E. Broad Street, 15th Floor Columbus, Ohio 43266-0410 - 1 - DYKE, J.: Appellant is an incompetent living in the Montefiore nursing home, represented by his guardian. Appellant applied for Medicaid benefits in July 1989. He received notice from the Ohio Department of Human Services ("ODHS") of eligibility to receive benefits beginning July 1, 1989. Appellant requested ODHS to review the months prior to his application to determine whether his eligibility could be extended retroactively to February 22, 1989. ODHS reviewed the three months prior to appellant's application, April, May and June, as it is authorized to do under Ohio Public Assistance Manual Section 7103. ODHS determined that appellant's available resources exceeded the resource limitation under Ohio Adm. Code 5101:1-39-05 and accordingly denied his eligibility for the months of April, May and June. Appellant appealed from the denial of eligibility and requested a state hearing. The state hearing affirmed the denial of appellant's eligibility on December 4, 1989. Appellant appealed from the decision reached at the hearing. The Chief Administrative Hearing Officer affirmed the decision on December 28, 1989. Appellant appealed to the Court of Common Pleas from the Administrative Officer's decision. On August 29, 1990 the trial court affirmed the decision. Now the appellant appeals to this court and asserts one assignment of error. - 2 - I THE TRIAL COURT ERRED IN AFFIRMING THE ADMINISTRATIVE DECISION IN ITS APPLICATION OF OAC 5101:1-39-05(B) IN FINDING THAT PLAINTIFF/APPELLANT'S GUARDIANSHIP HAD GREATER THAN ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) ON HAND, AS A COUNTABLE RESOURCE. Appellant argues that the amount in his bank account on March 23, 1989 did not reflect the sum owed to the Montefiore nursing home for the months of January, February and March. Appellant argues that the bank account should not be used to determine his eligibility without first taking into account the debt owed. Because he owed $6,970.00 on March 23, 1989, his actual countable resources should have been assessed at $504.75 rather than the $7,474.75 he had in his account. Appellant cites as support for his argument Ohio Adm. Code 5101:1-39-05(A)(8): Only those resources in which an applicant/recipient has a legal interest and the legal ability to use or dispose of are counted. If both legal interest and ability to use or dispose of the resources do not exist, the value of the resources is not counted. First, ODHS is not authorized to allow retroactive eligibility beyond the third month prior to application for benefits. Ohio Public Assistance Manual Section 7103. As appellant applied in July the months of April, May and June are the only relevant months in this case. - 3 - ODHS found that appellant's resources exceeded the $1,500 limit for the months of April, May and June. The state hearing decision found that appellant had a legal interest in and the ability to use the amounts in his bank account totalling $7,256.74 on April 30, $7,256.74 on May 30, and $2,241.75 on June 30. Ohio Adm. Code 5101:1-39-05(A)(4) defines "resources" to include "all liquid assets." Ohio Adm. Code 5101:1-39-27 defines liquid assets as "those resources which are in cash or payable in cash upon demand." Ohio Adm. Code 5101:1-39-272(B) reads as follows: "A checking or savings account is considered as cash because deposits are payable on demand." At no point in the eligibility determination process are the debts of an applicant required to be taken into consideration to find the amount of an applicant's countable resources. If appellant had unrestricted access to the funds in his account, they were properly considered by ODHS. Appellant never asserts that he did not have the ability to withdraw the funds from his account. He merely states that he owed money to the nursing home in March of 1989. There is not even evidence submitted to support his assertions that he owed the money he claims to owe to the nursing home, by court order. The law in Ohio governing the administrative agency's determination of eligibility for Medicaid is quite clear. The trial court was well within its discretion to find the decision - 4 - of the Chief Administrative Hearing Officer to be supported by reliable, probative and substantial evidence and in accordance with the law. Appellant's assignment of error is overruled. The trial court's decision is affirmed. - 5 - It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. DAVID T. MATIA, C.J., AND KRUPANSKY, J., CONCUR JUDGE ANN DYKE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .