McDONALD v. DEPT. OF HUMAN SERVICES

No. 4-10-0290.

952 N.E.2d 21 (2010)

Ill.App.3d 792

J. Brian McDONALD, as Independent Administrator of the Estate of Betty J. McDonald, Plaintiff-Appellee, v. The ILLINOIS DEPARTMENT OF HUMAN SERVICES and Michelle R.B. Saddler, Its Secretary; and The Illinois Department of Healthcare and Family Services and Julie Hamos, its Director, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Rehearing Denied January 25, 2011.


Attorney(s) appearing for the Case

Lisa Madigan , Attorney General State of Illinois, Michael A. Scodro , Solicitor General, Carl J. Elitz (argued), Assistant Attorney General, for State of Illinois.

Duane D. Young (argued), LaBarre, Young & Behnke, Springfield, for Betty McDonald.


Justice POPE delivered the opinion of the court:

This Medicaid case asks us to resolve a tension between the need to preserve scarce public medical resources for the truly needy and the desire of families to preserve their assets while qualifying for medical assistance through a perceived legitimate loophole. This tension manifests itself in this case where an applicant's eligibility for medical assistance was delayed by the imposition of a penalty period by the transfer...

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