Illinois Compiled Statutes
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305 ILCS 5/5-13
(305 ILCS 5/5-13)
(from Ch. 23, par. 5-13)
Claim against estate of recipients.
To the extent permitted under
the federal Social Security Act, the amount expended under this Article (1) for
a person of any age who is an inpatient in a nursing facility, an intermediate
care facility for persons with intellectual disabilities, or other medical institution, or (2)
for a person aged 55 or more, shall be a claim against the person's
estate or a claim against the estate of the person's spouse,
regardless of the order of death, but no recovery may
be had thereon until after the death of the surviving spouse, if any, and then
only at such time when there is no surviving child who is under age 21, or
blind, or is a child with a permanent total disability. This Section, however, shall not
bar recovery at the death of the person of amounts of medical assistance paid
to or in his behalf to which he was not entitled; provided that such
recovery shall not be enforced against any real estate while it is occupied
as a homestead by the surviving spouse or other dependent, if no claims by
other creditors have been filed against the estate, or if such claims have
been filed, they remain dormant for failure of prosecution or failure of
the claimant to compel administration of the estate for the purpose of
payment. The term "estate", as used in this Section, with respect to a
deceased person, means all real and personal property and other assets included
within the person's estate, as that term is used in the Probate Act of 1975;
however, in the case of a deceased person who has received (or is entitled to
receive) benefits under a long-term care insurance policy in connection with
which assets or resources are disregarded to the extent that payments are made
or because the deceased person received (or was entitled to receive) benefits
under a long-term care insurance policy, "estate" also includes any
other real and personal property and other assets in which the deceased person
had any legal title or interest at the time of his or her death (to the extent
of that interest), including assets conveyed to a survivor, heir, or assignee
of the deceased person through joint tenancy, tenancy in common, survivorship,
life estate, living trust, or other arrangement. The term "homestead", as used
in this Section, means the dwelling house and contiguous real estate occupied
by a surviving spouse or relative, as defined by the rules and regulations of
the Illinois Department, regardless of the value of the property.
A claim arising under this Section against assets conveyed to a survivor,
heir, or assignee of the deceased person through joint tenancy, tenancy in
common, survivorship, life estate, living trust, or other arrangement is not
effective until the claim is recorded or filed in the manner provided for a
notice of lien in Section 3-10.2. The claim is subject to the same
requirements and conditions to which liens on real property interests are
subject under Sections 3-10.1 through 3-10.10. A claim arising under this
Section attaches to interests owned or subsequently acquired by the estate of a
recipient or the estate of a recipient's surviving spouse.
The transfer or conveyance of any real or personal property of the estate
defined in this Section shall be subject to the fraudulent transfer conditions
that apply to real property in Section 3-11 of this Code.
The provisions of this Section shall not affect the validity of claims
against estates for medical assistance provided prior to January 1, 1966 to
aged or blind persons or persons with disabilities receiving aid under Articles V, VII and
VII-A of the 1949 Code.
P.A. 99-143, eff. 7-27-15.)