Dep't of Healthcare v. Fiedler (In re Estate of Deuth)

1 Citing case

  1. Hinojosa v. Linebarger Goggan Blair & Sampson, LLP

    Case No. 1:19-cv-02521 (N.D. Ill. Dec. 11, 2019)

    "[W]hen a governmental unit acts in a public capacity . . . a statute of limitations may not be asserted against the government unless the statute expressly applies to claims brought by the government." In re Estate of Deuth, 2013 IL App (3d) 120194, ΒΆ 10, 992 N.E.2d 180, 182 (ruling that the State sought to assert a public right by collecting Medicaid penalties which were "public funds paid to a citizen in the form of public healthcare benefits" and failure to recover them would reduce public revenue). "Three factors must be addressed when determining whether a governmental entity is asserting a public or private right: (1) the effect of the interest on the public; (2) the obligation of the governmental entity to act on behalf of the public; and (3) the extent to which public funds must be expended."