Filial Laws: Can states make you pay for parents care? Has anyone experienced this in Pennsylvania?
29 States That Could Make Adult Children Pay for Mom’s CareArticle
By Kelly GreeneTwenty-nine states have “filial support” laws on the books that could be used to go after patient’s families for unpaid long-term-care bills.
We described one case in Pennsylvania, the main state where health-care providers have started using such a law, in last weekend’s Family Value column, “Are You on the Hook for Mom’s Nursing-Home Bill?”
The question many people in other states asked, of course: What are the 29 states?
Here’s the list, according to a recent paper by Katherine Pearson, a law professor at Pennsylvania State University.
Keep in mind that usage in other states has been infrequent, though long-term-care providers could look to the Pennsylvania precendents as sources of payment become more constricted.
Alaska Alaska Stat. § 25.20.030 (Duty of parent & child when poor); Stat. § 47.25.230 (Persons liable for support and burial) Alaska Stat. § 11.51.210 (Crime)
Arkansas Ark. Code Ann. § 20-47-106 (Duty limited to mental health services)
California Cal. Fam. Code 4400-4405 (Duty to support parents); Cal. Fam. Code 4410-4414 (Relief from Duty to Support Parents); Cal. Welf. & Inst. Code §& 12350 & 12351 (Including Releases of Obligation to Reimburse State) Cal. Penal Code § 270(c) (Crime)
Connecticut Conn. Gen. Stat. Ann. § 53-304 (Crime, for refusing reasonable necessary support to parent under age 65)
Delaware Del. Code Ann. Tit. 13 § 503 (Duty to support poor person includes spouse, parents & children); Del. Code Ann. Tit. 13 § 506 (Just cause defense to failure to support)
Georgia GA. Code Ann. § 36-12-3 (Children of full age shall support paupers)
Indiana Ind. Code Ann. §§ 31-16 -17-1 thru 7 (Liability of children for support of parents & contribute to burials) Ind. Code Ann. § 35-46-1-7 (Crime)
Iowa Iowa Code Ann. § 252.1 (Defining “poor person”) Iowa Code Ann. § 252.2(Liability) Iowa Code Ann. § 252.5 (Remote relatives – Grandparents)
Kentucky KY. Rev. Stat. Ann. § 530.050 (crime)
Louisiana La. C.C. Art. 229 (Reciprocal duties; parents & children); La. C.C. Art. 239 (Reciprocal duties; illegitimate children); La. R.S. 13: 4731 (Alimony from children or grandchildren)
Maryland MD. Code Ann. Fam. Law §§ 13-101 thru 13-109 (Support claims by destitute parent or adult children)
Massachusetts Mass. Gen. Laws Ann. ch. 273, § 20 (Crime)
Mississippi Miss. Code Ann. § 43-31-25 (Liability of parents, grandparents, brothers & sisters)
Montana Montana Code Ann. § 40-6-214 (Reciprocal duties of parents & children); Montana Code Ann. § 40-6-301 (Duty to support indigent parents)
Nevada Nev. Rev. Stat. Ann. § 428.070 (Child’s duty to reimburse for county hospitalization of indigent parents, where child promised to support parent in writing); Nev. Rev. Stat. Ann. §439B.310 (Defining indigent)
New Hampshire N.H. Rev. Stat. Ann. § 167:2 (Reimbursement to state or county for public assistance to parent) N.H. Rev. Stat. Ann. § 546-A:2 (Liability of spouses, parent, child for reasonable subsistence)
New Jersey N.J. Stat. Ann. §§ 44:4-100 thru 44:4-103 (Liability of parents, spouses and children of poor persons); N.J. Stat. Ann. §§ 44:1-139 thru 44:1-142 (Compelling assistance from relatives including children)
North Carolina N.C. Gen. Stat. § 14-326.1 (Crime)
North Dakota N.D. Cent. Code § 14-09-10 (Reciprocal duties of parents and child; promise of adult child to pay for necessaries furnished to parent is binding)
Ohio Ohio Rev. Code Ann. § 2919.21 (Crime)
Oregon OR. Rev. Stat § 109.010 (Duty of support for children and parents) Or. Rev. Stat. § 163.205 (Crime)
Pennsylvania 23 Pa. C.S.A. §§ 4601 thru 4606 (Duty of parents to indigent child and child to indigent parents)
Rhode Island R.I. Gen. Laws §§ 15-10-1 thru 15-10-7 (Penalty for unreasonable neglect of destitute parents); R.I. Gen. Laws §§ 40-5-13 thru 40-5-21 (Obligation of kindred for support)
South Dakota S.D. Codified Law § 25-7-27 (Adult child’s duty to support parent); S.D. Codified Law § 25-7-28 (Right of contribution from brothers and sisters); S.D. Codified Laws § 28-13-1.1(Defining “indigent or poor person”)
Tennessee Tenn. Code Ann. § 71-5-103 (Definition of responsible parties includes children); Tenn. Code Ann. § 71-5-115 (Welfare Department may require reimbursement from responsible parties)
Utah Utah Code Ann. § 17-14-2 (Support of Poor by Relatives: children; parents, brothers and sisters, grandchildren, grandparents)
Vermont VT. Stat. Ann. Tit. 15, §§ 202 & 203 (Penalties for nonsupport)
Virginia VA. Code Ann. § 20-88 (Support of parents by children)
West Virginia W. VA. Code § 9-5-9 (Liability of relatives for support, including children, parents, brothers & sisters)