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HINES v. DEPARTMENT OF PUBLIC AID

No. 3-04-0162.

831 N.E.2d 641 (2005)

358 Ill. App.3d 225

294 Ill.Dec. 691

Betty J. HINES, as Executor of the Estate of Beverly Tutinas, Petitioner-Appellant, v. The DEPARTMENT OF PUBLIC AID, Barry S. Maram, Director, Respondent-Appellee.

Appellate Court of Illinois, Third District.

May 20, 2005.

Attorney(s) appearing for the Case

Steven C. Perlis (argued), Tonya Z. Gabbard, Elder Law Office of Steven C. Perlis & Associates, Arlington Heights, for Betty J. Hines.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Jan E. Hughes, Assistant Attorney General (argued), Chicago, for IDPA.

Justice McDADE delivered the opinion of the court:

Petitioner, Betty J. Hines, appeals the trial court's order finding that the Illinois Department of Public Aid may recover the value of Medicaid payments from the estate of Beverly Tutinas as a surviving spouse of a Medicaid recipient. For the reasons that follow, we reverse.

BACKGROUND

The pertinent facts are not in dispute. Beverly Tutinas, deceased, was married to Julius Tutinas, also deceased...

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