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Currently, 30 states have filial responsibility statutes that establish a duty for adult children to care for their indigent elderly parents. When enforced, the statutes can require the adult child to reimburse state programs or institutions that have cared for the indigent parent with either a one-time contribution or installment payments. Today, there is no uniform federal filial responsibility statute, and indeed, it may be difficult to enact one; but if even a few states began to more systematically enforce their laws, their action could help reduce the explosive growth of Medicaid’s long-term care benefit.
Historically, filial responsibility laws have rarely been enforced, and in some states have not been enforced at all. Since the 1960s, federal law [United States Code Title 42, §1396a(a)(17)(D)] has prevented the states from considering the financial responsibility of any individual (except a spouse) in determining the eligibility of an applicant or recipient of Medicaid or other poverty programs. Besides the politically sensitive nature of filial responsibility laws, this is probably the major reason the laws are not uniformly enforced.
NCPA | Brief Analysis #521, The Legal Responsibility of Adult Children to Care for Indigent Parents
Historically, filial responsibility laws have rarely been enforced, and in some states have not been enforced at all. Since the 1960s, federal law [United States Code Title 42, §1396a(a)(17)(D)] has prevented the states from considering the financial responsibility of any individual (except a spouse) in determining the eligibility of an applicant or recipient of Medicaid or other poverty programs. Besides the politically sensitive nature of filial responsibility laws, this is probably the major reason the laws are not uniformly enforced.
NCPA | Brief Analysis #521, The Legal Responsibility of Adult Children to Care for Indigent Parents
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