Poindexter v. State of Illinois

              NO. 4-05-0709 Filed: 12/12/06
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
ROBERT N. POINDEXTER, MIRL W. ) Appeal from
WHITAKER, MAURICE S. HARDY, ) Circuit Court
VIRGINIA T. McCULLEY, ROGER O. ) Sangamon County.
MEREDITH, ORVILLE DAVIS, ) No. 04MR305
CATHERINE JOSEPHSON, MARGARET )
GONET, and MARY LOU DICKENS, )
Plaintiffs-Appellees, )
v. )
STATE OF ILLINOIS, Acting Through THE )
DEPARTMENT OF HUMAN SERVICES, CAROL )
ADAMS, Its Director; THE ILLINOIS )
DEPARTMENT OF PUBLIC AID, n/k/a )
THE ILLINOIS DEPARTMENT OF HEALTHCARE )
AND FAMILY SERVICES; and BARRY S. ) Honorable
MARAM, Its Director, ) Leo J. Zappa, Jr.,
Defendants-Appellants, ) Judge Presiding
______________________________________________________________________________
JUSTICE MYERSCOUGH delivered the opinion of the court:
On May 3, 2005, the trial court issued a memorandum decision and judgment in favor
of plaintiffs, which enjoined the Illinois Department of Public Aid (DPA) and the Illinois Department
of Human Services (DHS) from seeking any support from the income plaintiffs earned while their
spouses were in long-term-care facilities and receiving Medicaid. The State of Illinois, acting through
DHS and DPA, appeals the court's order, arguing (1) plaintiffs failed to exhaust their administrative
remedies, (2) plaintiffs forfeited their claims by failing to raise them before the administrative agency,
and (3) the court erred in finding the Medicare Catastrophic Coverage Act of 1988 (MCCA) (42
U.S.C. §1396r-5 (2000)) preempted the spousal-support provisions of article X of the Illinois Public