WAG 23-09-00.
The State of Illinois has the right to get back money spent on clients. HFS collects this money from:
- Real property (like a house and land) owned by clients who received AABD Cash or clients who received AABD Medical and have been in a medical institution for at least 120 days.
- The estate of a deceased person who:
- got AABD Cash; or
- prior to 10/01/93, was at least 65 and got AABD Medical; or
- on or after 10/01/93, was at least 55 and got AABD Medical (including QMB Only); or
- got AABD Medical, was in a medical institution for at least 120 days, and HFS has a lien on the client's real property; or
- was the spouse of any of these clients.
HFS uses 2 legal procedures to get back money spent on clients:
- lien -filed against real property; and
- claim -filed against the deceased client's estate or the estate of the client's deceased spouse.
In cases where HFS has both a lien and a claim, only one legal procedure is usually used to collect both.