Tjaden v. State
Decision Date | 22 January 2014 |
Docket Number | Nos. 4–12–0768,4–12–0918,4–12–1087.,s. 4–12–0768 |
Citation | 2013 IL App (4th) 120768,11 N.E.3d 812,381 Ill.Dec. 876 |
Parties | Gloria TJADEN, By and Through Stanley TJADEN, Her Agent, Plaintiff–Appellee, v. The STATE of Illinois, Acting Through The Department of Human Services and Michelle R.B. Saddler, Its Secretary; and The Department of Healthcare and Family Services and Julie Hamos, Its Director, Defendants–Appellants. Willard Greer, By and Through John Greer, His Special Representative, Plaintiff–Appellee, v. The State of Illinois, Acting Through The Department of Human Services and Michelle R.B. Saddler, Its Secretary; and The Department of Healthcare and Family Services and Julie Hamos, Its Director, Defendants–Appellants. Gloria Tjaden, By and Through Stanley Tjaden, Her Agent, Plaintiff–Appellee, v. The State of Illinois, Acting Through The Department of Human Services and Michelle R.B. Saddler, Its Secretary; and The Department of Healthcare and Family Services and Julie Hamos, Its Director, Defendants–Appellants. |
Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
Lisa Madigan, Attorney General, of Chicago (Michael A. Scodro, Solicitor General, and Carl J. Elitz (argued), Assistant Attorney General, of counsel), for appellants.
Duane D. Young (argued), of Labarre, Young & Behnke, of Springfield, for appellees.
¶ 1 These consolidated appeals arise from judgments entered by the circuit courts reversing the final administrative decisions of defendants, the Department of Healthcare and Family Services (HFS) and the Department of Human Services (DHS) (collectively, the Departments) granting plaintiffs, Gloria Tjaden's and Willard Greer's, applications for Medicaid assistance while imposing penalty periods of noneligibility due to certain nonallowable asset transfers. The courts reversed the administrative decisions with regard to those penalty periods.
¶ 2 The Departments appeal, arguing the penalty periods imposed were proper where (1) the Departments were not required to recognize partially returned gifts for credit and (2) no exempt burial contracts were purchased. We reverse the circuit courts' judgments and affirm the administrative decisions.
¶ 5 In April 2009, Tjaden purchased a life insurance policy for $12,000. The proceeds of the policy were assigned to create an irrevocable trust. The trust agreement required the trustee to pay Tjaden's funeral and burial expenses if a bill was presented within 45 days of her death. After those 45 days, however, the trustee was prohibited from authorizing any payment of expenses. Instead, the funds would pass, condition-free, to the residual beneficiary, i.e., Tjaden's son.
¶ 6 In May 2009, Tjaden transferred $4,202.79 to her son. In June 2009, Tjaden applied for Medicaid assistance. In July 2009, Tjaden's son wrote her a check for $100.
¶ 7 On September 23, 2009, the Departments approved Tjaden's application but determined she was ineligible for Medicaid funding for a four-month period. The Departments determined the $4,202.79 transfer to Tjaden's son was nonallowable and assessed a one-month penalty. Tjaden was also assessed an additional three-month penalty because the Departments determined Tjaden did not receive fair market value for the $12,000 insurance policy purchase. The penalty period ran from April 2009 through July 2009.
¶ 8 Tjaden appealed, and an administrative hearing was held on July 7, 2010. During the hearing, Tjaden argued the estimate from the funeral home for anticipated goods and services was sufficient to show she received fair market value for the insurance purchase. Tjaden also argued because her son returned $100 to her in July 2009 the May 2009 transfer was really $4,101.79, not $4,202.79, which was less than the $4,140 private-pay rate for the nursing home. Tjaden contended she should receive a “zero-month” penalty, i.e., not be penalized, for May 2009 because the partial repayment was less than Tjaden's private pay rate.
¶ 9 On April 25, 2011, the Departments issued a joint final administrative decision, which found the following:
¶ 10 On May 5, 2011, Tjaden filed a complaint in the circuit court seeking administrative review of the Departments' decision.
¶ 11 Following a July 16, 2012, hearing, the circuit court affirmed the Departments' decision to disallow Tjaden credit for the partial gift return but set aside the Departments' determination regarding the insurance policy purchase.
¶ 12 On August 14, 2012, the Departments filed their notice of appeal regarding the circuit court's July 16, 2012, ruling reversing the administrative decision regarding the insurance policy purchase. That appeal was docketed as appellate court case No. 4–12–0768.
¶ 13 That same day, Tjaden filed a motion to reconsider the portion of the circuit court's judgment affirming the Departments' administrative decision to disallow the partial gift return. In her motion, Tjaden argued the Departments had published a new administrative rule on November 14, 2011, regarding partial returns of gifts, which provided the following:
(Emphasis added.) 89 Ill. Adm.Code 120.388(m)(6)(A), added at 35 Ill. Reg. 18645 (eff. Jan. 1, 2012).
We note the parties appear to concede the amended rule is not controlling in this case as the Departments' administrative decisions were made prior to the amendment's effective date. However, Tjaden contends this language is a clear declaration of what had been the Departments' “long-standing policy.”
¶ 14 On October 2, 2012, Tjaden filed a supplement to her brief in support of the motion to reconsider. Tjaden asked the circuit court to take judicial notice of In re J. Carl Smith (Appeal All–011 493–MANG (Sept. 20, 2012)), another administrative decision by the Departments, which cited the new administrative rule and recognized partial gift returns. According to Tjaden, to allow the Departments “to hold and apply two contradictory interpretations of the same rule violates due process of law under both the U.S. and Illinois constitutions.” The Departments objected to the introduction of the new evidence, noting that case was itself on administrative review in the circuit court and arguing the court's review was limited to the evidence submitted during the administrative hearing. See 735 ILCS 5/3–110 (West 2012) ( ); Pisano v. Giordano, 106 Ill.App.3d 138, 140, 62 Ill.Dec. 101, 435 N.E.2d 899, 901 (1982) ().
¶ 15 In its October 11, 2012, order, the circuit court stated it took judicial notice of the administrative decision tendered by Tjaden and found the following:
¶ 16 On November 13, 2012, the Departments filed their notice of appeal from the circuit court's October 11, 2012, order. That appeal was docketed as appellate court case No. 4–12–1087. (Because the trial court's rulings underlying case Nos. 4–12–0768 and 4–12–1087 amount to a net reversal of the Departments' administrative decision, we will treat the issues in those cases as a single appeal for purposes of this disposition.)
¶ 18 On August 29,...
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