Pennsylvania’s filial support law can make children financially
responsible for their aging parents care costs. The law allows nursing homes
and other care providers to sue children to recover unpaid care related
expenses. It also allows for lawsuits by the state Department of Human
Services.
Nursing homes, in particular, have been using the law to sue
children for their parent’s unpaid bills. For example, in the recent case of HCRA
v. Pittas a son was held liable for over $92,000 of his mother’s past
due nursing home bills. The son was not accused of any wrongdoing. The son was
held liable for the debt solely because he was his mother’s son and had some
ability to pay.
Current Pennsylvania law provides that children have the
responsibility to care for and maintain or financially assist their indigent
parent. 23 Pa. C.S.A. §§ 4601-4606. Likewise, parents have the responsibility
to care for and maintain or financially assist their indigent adult children.
This is sometimes referred to as “filial support.” The word “filial” means
“pertaining to, or befitting a son or daughter.”
Pennsylvania’s filial support law has been criticized as
being a vestige of colonial era poor laws that should have no place in our
present society. Many see the law as being fundamentally unfair and
counterproductive. It does not support older adults. It is injurious to family
relationships and may lead to the denial of needed care.
A bill has been introduced in the Pennsylvania General
Assembly to totally repeal Pennsylvania’s filial support law. HB
242 (2015) was introduced by Representative Anthony
DeLuca with bipartisan co-sponsorship by the following Representatives: THOMAS, LONGIETTI, D.COSTA, DUNBAR, SCHLOSSBERG, KOTIK, McNEILL, GAINEY, D.
MILLER, COHEN, GIBBONS and WATSON.
On January 28th HB 242 was referred to the House
Judiciary Committee for consideration. Chair of that committee is
Representative Ron
Marsico.
If you believe that children should not be held financial responsible
for their parent’s health and personal care costs, you might want to let your
representative know your feelings. You can find the name and contact
information for your representative
here.
More Information:
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