Pennsylvania State Representative Kristine Howard is pushing for changes to the state’s “filial support” law, which holds those with financial means responsible for the bills of destitute family members. This law dates back to colonial times and is still in effect in over half of the states in the US. While most of these laws are rarely enforced, recent cases in Pennsylvania have shown that they can become a real threat to families facing high long-term care costs. Howard’s proposed bill aims to modernize the law and ensure that family members are only held liable for bills if there is evidence of collusion or non-cooperation with the Medicaid process.
The rising costs of long-term care, coupled with the lack of coverage for such care under programs like Medicare, have put many families in a difficult situation. While some states have criminal penalties for neglecting to support a parent, others only impose financial obligations. The confusion surrounding long-term care insurance and the limited availability of policies have also added to the financial burden facing many families. Medicaid, a joint federal-state program, provides coverage for elderly individuals who have exhausted their assets, but eligibility standards vary widely from state to state.
Medicaid planning can be a viable option for those looking to qualify for government assistance, but the strict rules around asset transfers can pose challenges. The government typically looks back at any transfers made within a certain period, and applicants can be denied coverage based on the amount transferred. This has led to situations where nursing homes have threatened legal action against adult children to cover the cost of care. Pennsylvania State Rep Howard’s proposed bill aims to address some of these issues by ensuring that liability is based on collusion or non-cooperation, rather than the mere ability to pay.
While filial support laws may serve as a deterrent for those considering shirking their family responsibilities, many experts argue that they are not necessary. Most adult children willingly take on the responsibilities of caring for their aging parents without the need for legal obligations. Howard’s bill seeks to strike a balance between ensuring financial responsibility while also protecting families from undue financial burden. With the aging population and increasing costs of long-term care, the issue of filial support laws is likely to continue to be a topic of debate in many states.
Experts like Katherine C. Pearson, an elder law professor, have long advocated for the protection of elders from financial exploitation. While filial laws may have been intended to uphold familial responsibilities, their enforcement can sometimes lead to unintended consequences for families facing financial challenges. It remains to be seen whether Howard’s bill will gain traction in Pennsylvania and serve as a model for other states looking to modernize their filial support laws. The issue of long-term care costs and Medicaid planning will continue to be a pressing concern for families as the Baby Boomer generation ages.
