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Facilities Turn to Filial Responsibility Statutes

Aug 01 2019


As the populations of long-term care facilities grow at a rate faster than the average long-term care resident’s ability to pay for the care they receive, facilities are taking a huge hit to their bottom line.  This has forced some long-term care facilities to close their doors after operating at a loss, which can be particularly devastating in smaller communities, as it creates job loss and a lack of appropriate care options for the aging population.

When there are no other alternatives to securing payment, some providers are turning to something called filial responsibility statutes.  In short, these often little-known laws allow long-term care providers to seek payment from a resident’s children/family members when the resident is unable to pay on their own, obtain Medicaid, or find another payor source.  A little over half of the states in the United States have some type of law on the books that allow for this type of recovery.

To seek payment from a resident’s family, certain factors must be met, and can vary from state to state.  Some states require some type of wrongdoing on the part of the residents’ families.  Other states do not even look at the actions of the residents’ families or the closeness of the relationship between the residents and their children.  If you have questions about whether there is a filial responsibility statute in your state or whether you may be able to collect from a resident’s family, please contact us today.

 

Written by Carolyn Sweet · Categorized: General Updates

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

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