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Illinois Medicaid rules will soon be amended to implement the DRA in Illinois. It will profoundly affect Medicaid qualification for the payment of nursing home expenses...including seniors who have already given theim home to their children, but retained a Life Estate. A retained Life Estate means the home is not protected.

Life Care Planning, Estate Protection, Disability,
VA & Medicaid Assistance Lawyers

New DRA Medicaid Rules Threaten Life Estates

Blog Category:
Richard J. Habiger, J.D.
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Illinois has been in violation of the Federal Deficit Reduction Act (DRA) since 2006. The DRA will soon be implemented in Illinois, and it radically changes the rules of Medicaid qualification for the payment of nursing home expenses.  If a senior has already "deeded" their home to their children or other heirs, but retained a Life Estate, they were ill-advised because their home is not protected. 

The effective date of the new Illinois rules is currently unknown, but seniors who have retained a Life Estate need to consult with an elder law attorney as soon as possible. Life Estates under the Illinois Medicaid rules have a value and thus the senior who retained a Life Estate has an interest in the home to which a lien can be attached by the government. In short, every southern Illinois senior who has an interest in a home or other real estate, indeed any savings, investments, or other assets will be profoundly affected should they need, at any time in the future, financial assistance to help them to remain at home, or for care in an assisted/supportive living facility or nursing home. To read the entire article click here.

Medicaid Secrets book: How to Protect Your Family's Assets from Devastating Nursing Home CostsRichard Habiger is the author of the Illinois edition of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, and is an elder law attorney who focuses on asset protection, Medicaid and VA benefits.
You may contact Richard at 618-549-4529 or

Category: Medicaid Planning / Asset Protection

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