State cannot recover payments from spouces estate
The Appellate Court of Illinois rules that a state law authorizing the state to recover Medicaid payments from the estate of a surviving spouse violates federal law. Hines v. Department of Public Aid (Ill. App. Ct., No. 3-04-0162, May 20, 2005).
Beverly and Julius Tutinas were married, and they jointly owned a house and a car. Mr. Tutinas entered a nursing home and received Medicaid until his death. No probate estate was created when he died. Mrs. Tutinas died four years later. Her estate consisted of the home and the car.
The Illinois Department of Public Aid filed a claim for repayment of the Medicaid it paid to Mr. Tutinas. The Department claimed that under state law (305 ILCS 5/5-13), it had the right to recover from the estate of a Medicaid recipient's spouse. The trial court agreed, holding that state law did not conflict with federal law (42 U.S.C. 1396p(b)) because the definition of "estate" in 42 U.S.C. 1396p(b) included any real property that the deceased had title to at the time of death, including through joint tenancy.
The Appellate Court of Illinois reverses, holding that the state statute authorizing the Department to recover from the estate of a surviving spouse exceeded the authority granted by 42 U.S.C. 1396p(b). According to the court, 42 U.S.C. 1396p(b) expressly prohibits recovery of medical assistance except in three specific circumstances. Because recovery against the estate of spouse is not one of those circumstances, 42 U.S.C. 1396p(b) prohibits the state from recovering from a surviving spouse's estate.
To download the full text of this decision, go to: http://www.state.il.us/court/Opinions/AppellateCourt/2005/3rdDistrict/May/Html/3040162.htm.
Beverly and Julius Tutinas were married, and they jointly owned a house and a car. Mr. Tutinas entered a nursing home and received Medicaid until his death. No probate estate was created when he died. Mrs. Tutinas died four years later. Her estate consisted of the home and the car.
The Illinois Department of Public Aid filed a claim for repayment of the Medicaid it paid to Mr. Tutinas. The Department claimed that under state law (305 ILCS 5/5-13), it had the right to recover from the estate of a Medicaid recipient's spouse. The trial court agreed, holding that state law did not conflict with federal law (42 U.S.C. 1396p(b)) because the definition of "estate" in 42 U.S.C. 1396p(b) included any real property that the deceased had title to at the time of death, including through joint tenancy.
The Appellate Court of Illinois reverses, holding that the state statute authorizing the Department to recover from the estate of a surviving spouse exceeded the authority granted by 42 U.S.C. 1396p(b). According to the court, 42 U.S.C. 1396p(b) expressly prohibits recovery of medical assistance except in three specific circumstances. Because recovery against the estate of spouse is not one of those circumstances, 42 U.S.C. 1396p(b) prohibits the state from recovering from a surviving spouse's estate.
To download the full text of this decision, go to: http://www.state.il.us/court/Opinions/AppellateCourt/2005/3rdDistrict/May/Html/3040162.htm.
