Illinois Medicaid Estate Recovery

Who can be subject to a claim

HFS identifies recovery for AABD cash and medical assistance after age 55, AABD medical-only assistance after age 55, and all medical assistance when a recipient was in a medical institution more than 120 days and a lien was filed (HFS liens and estate recovery).

For deaths on or after July 1, 2022, HFS says it will not recover against the first $25,000 of estate value under the change approved through Illinois SPA 22-0028 (HFS estate-recovery guide; CMS approval of Illinois SPA 22-0028).

Survivor protections and liens have specific limits

HFS says recovery is not pursued while there is a surviving spouse, a child under 21, or a child of any age who is blind or permanently and totally disabled under SSA standards (HFS estate-recovery guide).

HFS's materials describe the spouse and minor-child claim as deferred; secondary sources characterize a later claim against the surviving spouse's own estate, so that latter characterization should not be treated as verbatim HFS policy without direct confirmation (HFS estate-recovery guide).

Public Act 102-1037 restricts HFS from filing new real-property liens after June 2, 2022, although HFS says liens filed before that date continue to be pursued (HFS liens and estate recovery).

Hardship requests are deadline-driven

HFS lists hardship circumstances involving a qualifying family business, farm, or ranch; continuing public-assistance eligibility; or avoidance of future public-assistance eligibility, and requires a hardship application within 60 calendar days of the Notice of Intent to File a Claim (HFS hardship waiver).

Compare Florida's estate-recovery page, and see The Home for a broader discussion of home-related planning. Individual title and claim questions require legal review.