Arellano v. The Department of Human Services

Illinois Appellate Court
Civil Court
Citation
Case Number: 
No. 2-09-0581
Decision Date: 
June 16, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Justice: 
O'MALLEY
Holding: 
Vacated and remanded with directions.
Plaintiff, who is an alien not lawfully admitted for permanent U.S. residence, was denied Medicaid benefits for her hospitalization and treatment for pneumonia, and denial was upheld by circuit court, based exclusively on "sudden onset" requirement of federal and state regulations. "Sudden onset" requirement improperly restricts and contravenes Medicaid statute and cannot be enforced, thus Department and court employed incorrect legal standard in rejecting claim due to Plaintiff's failure to meet "sudden onset" requirement.