Frerichs v. The State of Illinois

DHFS and DHS found Plaintiff eligible for Medicaid assistance but assessed 8-month penalty due to nonallowable transfers of over $13,000 of her assets to her son, who was POA, including income. Defendants' calculation of 8-month penalty period complied with relevant Medicaid laws, and was a proper interpretation of asset-transfer policies, and was not a fraud or injustice, as the gifted income could have been used to assist with Plaintiff's long-term care and offset the government's contributions. Opinion letter from four years prior to transfers, written by chidef of bureau of policy of Department of Public Aid as to permissible timing of transfers, was an unauthorized act of a ministerial officer, not an act by the state. (KNECHT and COOK, concurring.)