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Filial Responsibility Laws and Long-Term Care

Aug 01 2019

Known as “filial responsibility laws,” many states (more than half) have long-standing statutes in place that hold an adult child responsible for the financial support of an indigent parent.  In most states, these statutes have been largely ignored, especially since the launch of the Medicaid and Medicare programs in the 1960s.  However, as the senior population continues to grow, and long-term care costs continue to increase with more seniors unable to pay for the cost of their care, recent case law in several states shows a renewed interest, especially among long-term care providers, in enforcing these laws.

Although a large portion of long-term care costs can be covered by government programs like Medicaid and Medicare, filial responsibility laws may be useful tools for long-term care providers to recover costs when seniors fail to timely apply for these benefits, or are somehow disqualified or otherwise have a gap in coverage.  They can also be helpful in encouraging residents’ family members to assist in the Medicaid application process.

Filial responsibility laws may have the potential for long-reaching impact, but the implementation of these laws and the duties and penalties they impose vary widely from state to state.  The defenses to filial responsibility, such as the adult child’s financial ability to pay for their parent’s care, or evidence of abandonment prior to when the child reached the age of majority, can also be complex and vary among jurisdictions, so in-depth knowledge of the law is key.

Only time will tell how useful the resurrection of these laws will be, but it is important for long-term care providers to know the filial law (or lack thereof) in their states, and what obligations the children of residents owe to their parents to cover the costs of residents’ care and support.  Our attorneys provide creative and practical solutions to the complex problems facing long-term care providers today, so if you need help exploring how filial responsibility laws may help improve your collection outcomes, contact us.

 

 

Written by Stotler Hayes · 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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