Poindexter v. State of Illinois

State: Illinois

Court: 4th District Appellate

Docket No: 4-05-0709 Rel

Case Date: 05/17/2007

Preview:NO. 4-05-0709 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

Modified filed: 5-17-07

ROBERT N. POINDEXTER, MIRL W. WHITAKER, MAURICE S. HARDY, VIRGINIA T. McCULLEY, ROGER O. MEREDITH, ORVILLE DAVIS, CATHERINE JOSEPHSON, MARGARET GONET, and MARY LOU DICKENS, Plaintiffs-Appellees, v. STATE OF ILLINOIS, Acting Through THE DEPARTMENT OF HUMAN SERVICES, CAROL ADAMS, Its Director; THE ILLINOIS DEPARTMENT OF PUBLIC AID, n/k/a THE ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES; and BARRY S. MARAM, Its Director, Defendants-Appellants,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Appeal from Circuit Court Sangamon County. No. 04MR305

Honorable Leo J. Zappa, Jr., Judge Presiding.

MODIFIED UPON DENIAL OF REHEARING JUSTICE MYERSCOUGH delivered the opinion of the court: On May 3, 2005, the trial court issued a memorandum decision and judgment in favor of plaintiffs, which enjoined the Illinois Department of Public Aid (DPA) and the Illinois Department of Human Services (DHS) from seeking any support from the income plaintiffs earned while their spouses were in long-term-care facilities and receiving Medicaid. The State of Illinois, acting through DHS and DPA, appeals the court's order, arguing (1) plaintiffs failed to exhaust their administrative remedies, (2) plaintiffs forfeited their claims by failing to raise them before the administrative agency, and (3) the court erred in finding the Medicare Catastrophic Coverage Act of 1988 (MCCA) (42

U.S.C.

Download Poindexter v. State of Illinois.pdf