Moore v. The State of Illinois

Illinois Appellate Court
Civil Court
Medicaid
Citation
Case Number: 
2017 IL App (4th) 160414
Decision Date: 
Tuesday, April 11, 2017
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
HOLDER WHITE

Decedent purchased insurance policy that contained rider payable to executrix of decedent's estate, upon death of decedent.  Decedent, on same day, applied for Medicaid benefits under Illinois Public Aid Code, which prohibits transfer of certain assets for less than fiar market value. DHS properly found decedent's insurance policy was purchased for less than fair market value and thus constituted a nonallowable transfer of assets subject to penalty. No evidence that proceeds from insurance policy were to be used for decedent's benefit, and because decedent did not receive benefit of this policy, DHS properly deemed transaction as one procured for less than fair market value. (STEIGMANN and POPE, concurring.)