Am I Responsible for Paying My Parents’ Medical Bills?

Although the exact definition for filial support will differ by state, in general, filial support laws are legal provisions in the United States that are enacted by states that may impose a duty, typically on adult children, to financially support their parents. Filial support laws may also be known as filial responsibility laws or filial piety laws depending on the state.

The following list contains the states that recognize some form of filial support laws, and it includes the citation to the laws where further information may be found:

• Alaska Stat. 25.20.030, 47.25.230;
• Arkansas Code Ann. 20-47-106;
• California Fam. Code 4400, 4401, 4403, 4410-4414, California Penal Code 270c, California Welf. & Inst. Code 12350;
• Connecticut Gen. Stat. Ann. 46b-215, 53-304;
• Delaware Code Ann. tit. 13, 503;
• Georgia Code Ann. 36-12-3;
• Idaho Code 32-1002;
• Indiana Code Ann. 31-16-17-1 to 31-16-17-7, Indiana Code Ann. 35-46-1-7;
• Iowa Code Ann. 252.1, 252.2, 252.5, 252.6, 252.13;
• Kentucky Rev. Stat. Ann. 530.050;
• Louisiana Rev. Stat. Ann. 4731;
• Maryland Code Ann., Fam. Law 13-101, 13-102, 13-103, 13-109;
• Massachusetts Gen. Laws Ann. ch. 273, 20;
• Mississippi Code Ann. 43-31-25;
• Montana Code Ann. 40-6-214, 40-6-301;
• Nevada Rev. Stat. Ann. 428.070, Nev. Rev. Stat. Ann. 439B.310;
• New Hampshire Rev. Stat. Ann. 167:2;
• New Jersey Stat. Ann. 44:4-100 to 44:4-102, 44:1-139 to 44:1- 141;
• North Carolina Gen. Stat. 14-326.1;
• North Dakota Cent. Code 14-09-10;
• Ohio Rev. Code Ann. 2919.21;
• Oregon Rev. Stat. 109.010;
• 62 Pennsylvania Cons. Stat. 1973;
• Rhode Island Gen. Laws 15-10-1 to 15-10-7, R.I. Gen. Laws 40-5-13 to 40-5-18;
• South Dakota Codified Laws 25-7-28;
• Tennessee Code Ann. 71-5-115, Tenn. Code Ann. 71-5- 103;
• Utah Code Ann. 17-14-2;
• Vermont Stat. Ann. tit. 15, 202-03;
• Virginia Code Ann. 20-8; and
• West Virginia Code 9-5-9.

As can be seen, there are numerous states that, on paper, have laws that would seem to hold adult children legally responsible for the support of their impoverished parents or close relatives. In fact, filial responsibility can extend from covering an impoverished parent’s food to their long-term medical care.

Additionally, when it comes to medical care and treatment, some states employ filial responsibility laws in some form to reduce their Medicaid costs by including a child’s ability to pay for the care of their parent(s).

While filial support laws differ across the states, it is important to research your local state’s laws on filial support, as well as how the laws have been enforced. For example, some states may impose criminal fines or penalties for failing to uphold one’s duty of support. However, this is rarely the case.

For instance, the state of California has stated that no obligation or demand will be made upon any relative to support or contribute toward the support of state aid recipients. However, if a child has a private health care plan for their parent, then that healthcare will be utilized prior to Medicaid or Medicare supporting the parent.

Similarly, Maryland also prohibits nursing homes from recovering expenses from adult children. However, there is an exception with state psychiatric hospitals, where the costs of treatment may be up to or more than $1,000 per day. As such, if a parent is under 65 and being cared for in such a facility, their children may be sought after in order to get the bill paid.

It is important to note that federal law bars recovery of Medicaid costs from anyone besides an applicant or spouse. However, issues can arise if Medicaid paperwork has not been filed promptly and a child is listed and treated as a spouse. As such, it is important to properly fill out any Medicare or Medicaid paperwork as to not assume liability for the payment of medical care and treatment.

Importantly, with the expansion of Medicare, Social Security, and Medicaid, the use of filial responsibility laws has become almost extinct throughout the United States. This is because all of these programs were developed with the intent to provide care for the older generation. However, filial laws have been used in situations where those programs do not cover the costs of medical treatments, such as certain nursing homes or long-term care facilities.

When Would I Be Obligated Under a Filial Responsibility Law?

Once again, filial responsibility laws are often not utilized to hold an adult child responsible for paying for the care of their parent(s). However, if an adult child cosigns for their parents’ medical care and treatment, then they may be held liable for their medical costs under those laws, if their parents fail to pay.

In general, a child may be obligated under a filial responsibility laws if:

• Their parent received care in a state with an active filial responsibility law;
• Their parent did not qualify for Medicaid or other government support when they received care;
• Their parent does not have the funds available to pay their bill;
• Their parent qualifies for indigent statuses, such as their Social Security benefits being unable to cover their expenses;
• The nursing home or long-term care facility has determined that the child can pay the outstanding bill or that their parent fraudulently transferred their assets to their child to engage in Medicaid or Medicare fraud; and
• The nursing home or long-term care facility offered for the child to cosign and be held responsible financially for their parents’ treatment, and the parents have not paid.

Are Filial Responsibility Laws Enforced?

Once again, although filial responsibility laws have been around for decades, they have not usually been enforced. However, many experts predict that there will be a rise in attempts to enforce filial responsibility laws as the Baby Boomer generation continues to age. In these cases, debt collectors may seek any form of payment for outstanding debts, including using older laws that may be on the books.

In general, most filial responsibility cases tend to involve long-term care facilities where there are unpaid bills. If a party with a child stays in a long-term care facility, even for a short time, and they do not have Medicaid or long-term care insurance, they will have to pay for their stay out-of-pocket. Then, if they fail to pay for their medical treatment, debt collectors for the facility will seek payment for any party that may be considered liable for the debt.

There have been some cases where a medical facility has held a child liable for paying their parents’ medical bills. In May 2012, a Pennsylvania appeals court ruled that an adult son was liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law when the mother entered a nursing home for rehabilitation, and then later left the country leaving a substantial nursing home bill.

The nursing home then sued her adult child for the outstanding bill under Pennsylvania’s filial responsibility law, which requires adult children to provide support for their indigent parents. The adult child appealed the case arguing that the court should have considered alternate forms of payment, such as Medicaid or pursuing his mother’s husband and other adult children, but the court ruled the right of nursing homes to choose which family members to pursue for outstanding bills under the filial responsibility law.

Do I Need a Lawyer for Help With Filial Responsibility Laws?

As mentioned above, the laws concerning filial responsibility and a child’s duty to pay for their parents’ medical bills will differ by state. As such, if you are being pursued by a debt collector or being sued by a facility that has provided treatment to your family, then it may be in your best interest to consult with an experienced elder law attorney.

An experienced elder law attorney that is familiar with the filial responsibility laws and the enforcement of such laws will be paramount in having any case being brought against you seeking a money judgment dismissed. Additionally, they can also help to ensure that debt collectors can no longer contact you. Finally, an attorney can also represent your interests in court, should a hearing be necessary.