The Illinois Supreme Court has held that despite language in the federal Medicare Catastrophic Coverage Act stating that no income of the spouse of an individual in a nursing home is to be "deemed available to the institutionalized spouse", the state is not prohibited from seeking a contribution for the institutionalized person's care from his or her spouse.
Source: Chicago Daily Law Bulletin
About Me
- Michael H. Erde
- Michael H. Erde has been practicing law in Chicago for over 39 years. He is a certified Elder Law Attorney, certified by the National Elder Law Foundation (the Supreme Court of Illinois does not recognize certification)and was nominated by his peers to be one of Illinois' 2008 Super Lawyers for Elder Law. He is a member of the Board of Directors and Treasurer of the Greater North Shore Estate Planning Council. He is a member of the Board of Directors of the Sauganash Chamber of Commerce and a member of the Edgebrook Chamber of Commerce, and has been Chairman of the Northwest Suburban Bar Association's Elder Law Committee for 3 years. He is the founder and former Chairman of the Chicago Bar Association Asset Protection Committee and a former member of the Josselyn Center for Mental Health and the Ilinois Alliance of for Aging. Mr. Erde is often a lecturer at corporate, educational, accounting and religious events.
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