You can press play to watch the video in the article frame, or you can
to watch the video in a separate window, full frame (recommended).
This video is based in large part on a recent article authored by Professor Katherine C. Pearson, Filial Friday: Modification of Pennsylvania's Filial Support Law Passes House Unanimously (last accessed 10/31.2024). Professor Pearson is also the author of of the seminal law review article on the subject of filial responsibility, Filial Support Laws in the Modern Era: Domestic and International Comparison of Enforcement Practices for Laws Requiring Adult Children to Support Indigent Parents (last accessed 10/31/2024). Therein, Professor Pearson wrote:
Indeed, as set forth in Section V of this article, case reports and news reports from Pennsylvania demonstrate a potentially significant trend, where third-party creditors are using filial support laws to compel payment or cooperation by adult children to cover their parents’ costs in nursing homes or similar care settings. While the Pennsylvania trend is echoed in at least one other state, South Dakota, Section VI of this article demonstrates that a lack of national consensus in application of filial support laws can create inconsistent results among U.S. states, which may increase the potential for results that seem surprising or unfair.
The following are links to articles on this blog regarding filial responsibility laws:
- Filial Responsibility Rule Means Son, Not Father, Must Pay Legal Bill for Negotiating Medicaid Penalty Reduction
- No Good Deed Goes Unpunished? Caregiver Exemption Does Not Apply When Medicaid Recipient Is Receiving Home Care
- Filial Support Laws Chaos: Pennsylvania and New Jersey Laws Clash
- Three Surprises to Watch Out for When Paying for Long Term Care
- Maryland Repeals Filial Responsibility Law
- Filial Responsibility Laws Complicate Estate and Financial Planning
- Filial Responsibility In the News
- Filial Responsibility Laws Lead to Chaos
- Man Can't Challenge Discharge of Brother's Debt for Mom's Care under Filial Responsibility Law
- Use of Filial Responsibility to Collect a Nursing Home Debt Survives Federal Challenges
- Elderly Couple May Be Responsible for Adult Son's Unpaid Medical Bills
- California Heir Liable to Reimburse State for Mother's Medicaid Benefits
- Conveyance to Son Was Fraudulent, But His Siblings May Also Be Liable Under Filial Support Law
- Filial Responsibility- Complicating Estate, Retirement and Asset Protection Planning
- Pennsylvania's Filial Support Law Survives Federal Challenge (The Eades Case)
- Conveyance to Son Is Fraudulent, But Siblings May Also Be Liable Under Filial Support Law
- Adult Children Could Be Responsible for Parents' Nursing Home Bills
- Son Liable for Mother's Nursing Home Bill Under Filial Responsibility Law (The Pittas Case)
- The Legal Responsibility of Adult Children to Care for Indigent Parents (NCPA Policy Suggestion link broken)
The following are links to articles describing legal mechanisms by which nursing homes attempt to create filial responsibility even in the absence of filial responsibility statutes:
- Promissory Note Executed by Nursing Home Resident’s Daughter Is Not Illegal Third-Party Guarantee
- Filial Responsibility- Resident’s Son Not Liable for Breach of Contract Because He Did Not Cause His Mother to Be Ineligible for Medicaid;
- Judge Can Not Impose an ‘Unusual’ Condition on a Reversal of a Default Judgment in a Nursing Home Breach of Contract Lawsuit;
- Tortious Interference With Contractual Relationship Claim Most Recent Possible Remedy Nursing Homes can Employ Against Children of Nursing Home Residents;
- Conservator Owes Duty to Nursing Home to Timely Apply for Medicaid;
- Agent Under Power of Attorney Liable for Damages to Nursing Home for Breach of Contract;
- Conveyance to Son Was Fraudulent, But His Siblings May Also Be Liable Under Filial Support Law;
- Nursing Home May Sue Resident's Daughter for Breach of Contract.
Additional Resources:
Finally, in the video I refer to a CMS policy paper that advocates enforcement or adoption of filial responsibility. I cannot find the link to that paper, but am searching for same. The paper was, in my opinion, the culmination of an effort that included a 1983 administrative interpretation of Medicaid regulations which permitted state Medicaid administrators to "require adult family members to support adult relatives without violating the Medicaid statute." See, Medicaid Manual Transmittal No. 2, HCFA Pub. 45-3, no. 3812 [New Developments 1983 Transfer Binder], 3 Medicare & Medicaid Guide (CCH) 5f 32,457 (Feb. 1983). I will supplement when I locate the paper.
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