Nearly half of U.S. states still have filial responsibility laws on the books, old statutes that hold adult children financially responsible for a parent’s care. They date back over a century, long before Medicaid existed, and for decades they sat mostly unused. That could change. With a trillion dollars in federal Medicaid cuts slated by 2034, hospitals and nursing homes may start using these laws to collect unpaid bills. A North Dakota man paid over $100,000 for his father’s care. A Pennsylvania woman was sued for $300,000. In seven states, including Kentucky, Massachusetts, and Virginia, nonpayment can even mean jail time.
Reform is moving slowly. Idaho, Montana, Utah, and Iowa have repealed their laws, but Pennsylvania’s repeal efforts have failed six times. Nationwide, enforcement is still rare, with cases numbering in the low double digits each year, but attorneys who work in elder law say the trend line with Medicaid cuts is worth watching.
For Suncoast families, this hits close to home. We live in one of the biggest retirement regions in the country, with retirees, snowbirds, and adult children already stretched between their own bills and their parents’ needs. The best move now is education. Talk with your parents about long-term care plans, and consider speaking with an elder law or estate planning attorney about where you stand. Have you ever talked with your family about who would pay for a parent’s care? Tell us in the comments.
