January 27, 2006
Thirty states have filial responsibility laws. Does yours?
Matthew Paluka explains that they are "...statutes that establish a duty for adult children to care for their indigent elderly parents. When enforced, the statutes can require the adult child to reimburse state programs or institutions that have cared for the indigent parent with either a one-time contribution or installment payments."
Paluka explains that in the past, Medicaid practices have curtailed states from requiring adult children to care for their needy, elderly parents - but his report also discusses the amount of Medicaid funding that would be significantly impacted by Filial Responsibility enforcement.
Recent changes in Medicaid legislation, as described at ElderLawAnswers.com, may result in litigation seeking to enforce these filial responsibility statutes, as nursing homes try and find help to cover care costs and expenses that are not covered by the federal government. The forecast involves lawsuits pitting nursing homes against the kids.
Perhaps elderly parents and children should stop and consider their options now. More information in that regard is also provided at ElderLawAnswers.Com.
See also: Filial Responsibility Laws, Medicaid, and Long Term Care Insurance