Illinois & Medicaid Law

The recent Supreme Court of Illinois case of Poindexter v. Dept. of Human Services, No. 104853 (April 3, 2008), addressed Medicaid’s interface with the state’s ability to collect nursing home expenses.
 

Here is the summary of the case by the court:
 

The circuit court of Sangamon County was the venue in which these plaintiffs sought to enjoin the State of Illinois from collecting the costs of their spouses’ nursing home care. They sought a declaration that the state statutory provisions under which the attempts to collect were being made were preempted by federal law. The circuit court agreed and entered a judgment barring the state from seeking payment out of the income earned by the plaintiffs while their spouses were in long-term care facilities and receiving Medicaid. However, the appellate court reversed.
 

Although the Illinois Supreme Court held that the plaintiffs’ claim was a question of legal interpretation and thus was not barred by the doctrine of exhaustion of remedies, as claimed by the State, the court nevertheless resolved the issue adversely to the plaintiffs, finding that Illinois’ statutory provisions on collecting from spouses are not preempted by federal law because they do not conflict with it. The appellate court was affirmed.
 

For a discussion of this case, see Helen Gunnarsson, Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill, 96 Ill. B.J. 281 (2008).