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A 4-step process for Illinois Department of Healthcare and Family Services — Estate Recovery Program after a death in Illinois.
Illinois
hfs.illinois.gov/medicalclients/medicaidestaterecovery/guidetothemedicaidestaterecoveryprogram.html→Administering agency
Illinois Department of Healthcare and Family Services — Estate Recovery Program
Authority
305 ILCS 5/5-13; hardship waiver 89 Ill. Adm. Code 102.210
Illinois Department of Healthcare and Family Services — Estate Recovery Program
Phone: 217-785-2711
Visit the agency website →Illinois files a claim against the estate of a person who received Aid to the Aged, Blind or Disabled (AABD) medical assistance. A claim covers AABD medical assistance paid after the recipient's 55th birthday, and may cover all medical assistance paid for a long-term care resident who was in a medical institution more than 120 days, regardless of age.
No recovery is satisfied while there is a surviving spouse, a child under 21, or a child of any age who is blind or permanently and totally disabled. For deaths on or after July 1, 2022, the first $25,000 of estate value is also protected from recovery.
An heir or legatee files a Hardship Waiver Application with HFS within 60 calendar days of the Notice of Intent to File a Claim. The criteria under 89 Ill. Adm. Code 102.210 include an income-producing family business held at least 12 months that supplies 50% or more of the heirs' livelihood, or recovery that would leave heirs dependent on public assistance.
Illinois
hfs.illinois.gov/medicalclients/medicaidestaterecovery/guidetothemedicaidestaterecoveryprogram.html→Administering agency
Illinois Department of Healthcare and Family Services — Estate Recovery Program
Authority
305 ILCS 5/5-13; hardship waiver 89 Ill. Adm. Code 102.210