Hines v. Department of Public Aid

221 Ill. 2d 222, 850 N.E.2d 148 (2006)

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Hines v. Department of Public Aid

Illinois Supreme Court
221 Ill. 2d 222, 850 N.E.2d 148 (2006)

  • Written by Liz Nakamura, JD

Facts

Julius Tutinas received Medicaid nursing-home-care coverage through the Illinois Department of Public Aid (DPA) (plaintiff). Julius did not have long-term care insurance. When Julius received Medicaid coverage, he was over the age of 55 and married to his wife, Beverly Tutinas. Beverly never received Medicaid benefits. Beverly and Julius jointly owned a house and a car but no other assets. After Julius’s death, the house and car passed automatically into Beverly’s sole name, leaving Julius without a probate estate. Beverly died several years later, and the only assets in her probate estate were the house and the car she had formerly held in joint title with Julius. Beverly’s sister, Betty Hines (defendant), was appointed as the personal representative of Beverly’s estate. DPA filed a claim against Beverly’s estate to recover Julius’s nursing-home-care costs. Hines, on behalf of Betty’s estate, challenged the claim. The circuit court ruled that DPA could recover against Beverly’s estate. Hines appealed, and the appellate court reversed, holding that the federal Medicaid Act prohibited recovery from Beverly’s estate because (1) Julius did not have long-term care insurance; and (2) Illinois law did not allow recovery of formerly joint assets held in the surviving spouse’s estate. DPA appealed.

Rule of Law

Issue

Holding and Reasoning (Karmeier, J.)

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