In a recent meeting of the Pennsylvania House Health Committee, lawmakers discussed the pressing issue of filial responsibility laws, which can hold adult children financially liable for their parents' medical care. This topic was initially raised by a constituent in 2020, prompting Representative Howard to investigate the implications of such laws in Pennsylvania. He discovered that, under certain circumstances, providers could demand payment from a patient's children, a practice that has been upheld by recent court rulings, including the 2012 Pittas decision.
Howard expressed concern over the antiquated nature of these laws, likening them to relics from the 18th century, and noted that while 29 states have similar laws, they are rarely enforced. He emphasized that as the baby boomer generation ages and healthcare costs rise, these laws could become more frequently applied, particularly in Pennsylvania, which he described as an outlier in this regard.
In response to these concerns, Representative DeLuca had previously introduced House Bill 713 to address the issue, which unfortunately lapsed following his passing. Howard has since taken up the mantle to revive this legislative effort, now under House Bill 2094, which aims to eliminate the financial responsibility of adult children for their parents' nursing home care.
During the meeting, Representative Bonner voiced support for the bill, acknowledging the outdated nature of the current law and advocating for spousal liability to remain intact. He highlighted the importance of consulting with the Pennsylvania Bar Association's elder law section to ensure comprehensive review and input on the proposed legislation.
The committee ultimately moved House Bill 2094 forward without opposition, signaling a collective recognition of the need to modernize Pennsylvania's approach to filial responsibility and protect families from undue financial burdens. As discussions continue, lawmakers are committed to refining the bill to address potential pitfalls, particularly regarding asset transfers and spousal protections.