Pennsylvania State Representative Kristine Howard has taken up the fight to change an obscure state law known as the “filial support” law. This law, dating back to colonial days and written into Pennsylvania state law in 1937, holds those with financial means responsible for the nursing home, medical, and other bills of destitute family members, including aging parents, adult children, and spouses. While many states have similar laws on the books, they are rarely enforced, serving more as a warning to those who might consider shirking their familial responsibilities.
Recent cases in Pennsylvania have brought the filial support laws into the spotlight, showing that these laws can become a real threat. In 2012, the Pennsylvania Superior Court ruled that a man was liable for his mother’s unpaid nursing home bill after she moved to Greece to live with her other children. In 2019, the Pennsylvania Supreme Court held a New Jersey couple liable for their disabled son’s care costs in a Pennsylvania facility. Each state’s filial laws differ, with some states even making it a criminal offense to neglect caring for a parent.
The rising costs of long-term care, coupled with the lack of coverage from programs like Medicare, have led many seniors to run out of money to pay for their care. While some may qualify for Medicaid, the eligibility standards vary by state and can be strict. Many seniors try to qualify for Medicaid by giving away assets, but the government has rules in place to discourage last-minute maneuvers, such as lookback periods that can delay eligibility for coverage.
Pennsylvania State Representative Kristine Howard’s “Stop Bankrupting Pennsylvanians Over Family Medical Bills” Act aims to modernize the filial laws in the state to ensure that spouses, children, and parents are only held liable for outstanding medical bills if there is evidence of collusion or failure to cooperate in the Medicaid process. While some experts believe that most adult children will undertake responsibilities for their parents without laws obligating them to do so, the threat of filial laws still looms over those who may not be able to afford their aging parents’ care.
As the Baby Boomer generation ages and nursing home care costs continue to rise, the enforcement of filial laws could become a reality for many families in the future. While some states have not shown an appetite for enforcing these laws, the scarecrow effect continues to loom over those who may face financial burdens due to the care of their aging relatives. With the uncertainty of long-term care costs and coverage options, the need for reform of filial laws in states like Pennsylvania is becoming increasingly urgent to protect families from potential financial ruin.
