Pennsylvania State Representative Kristine Howard has taken up the cause of changing an old state law known as the “filial support” law, which holds financially able individuals responsible for the nursing home, medical, and other bills of destitute family members, including aging parents, adult children, and spouses. This law, dating back to colonial times and written into Pennsylvania state law in 1937, is one of many similar laws in over half of the states in the US. While these laws are rarely enforced, they serve as a warning to those who may consider shirking familial responsibility.
Recent cases in Pennsylvania have brought the filial support laws into the spotlight, showcasing how these laws can impact families when it comes to paying for long-term care costs. In one case, a man was held liable for his mother’s nursing home bill after she moved to Greece, leaving behind a hefty unpaid bill. In another case, a couple from New Jersey were required to pay for the care of their disabled son at a facility in Pennsylvania, even though they were covered by New Jersey’s laws. The lack of uniformity in these laws can lead to legal challenges and financial burdens for families.
While Medicare covers a majority of medical care for individuals over 65, it does not cover long-term custodial care, leaving many seniors with the potential of running out of money to cover their care. Private long-term care insurance is not widely available, and Medicaid, a joint federal-state program, becomes the primary option for covering long-term care costs for elderly individuals who have exhausted their assets. Medicaid eligibility standards vary by state, with strict asset and income limits that must be met in order to qualify for coverage.
Many seniors facing the prospect of needing long-term care turn to Medicaid planning to qualify for assistance, although there are strict rules in place to prevent last-minute asset transfers. The Medicaid look-back rules can penalize individuals for transferring assets within a certain timeframe, making them ineligible for coverage for a period based on the amount transferred. Filial support laws, which are separate from Medicaid planning, can also come into play if a parent is denied Medicaid coverage and a nursing home seeks payment from adult children to cover the costs.
Pennsylvania State Representative Kristine Howard’s proposed bill aims to modernize the filial support laws in the state by ensuring that family members are only held liable for outstanding medical bills if certain criteria are met, such as asset hiding or failure to cooperate in the Medicaid process. While some argue that these laws are unnecessary and place financial burdens on families, others believe that they serve as a reminder of familial responsibility. Ultimately, the debate over filial support laws highlights the complexities and challenges of long-term care planning and financial responsibility for aging adults and their families.