Thirty states currently have laws which would require adult
children to be responsible for their aging parent's bills
Medicaid is a jointly funded Federal and State health insurance program for low-income and needy people. Normally it covers children, the aged, blind and/or disabled. It may also cover people who are eligible to receive federally assisted income maintenance payments.
Because it is jointly run by the states and the Federal government, rules will vary from state to state. Even the name of the program varies from state to state. California calls its Medicaid program MediCal. Georgia calls its program Georgia Better. Connecticut often calls its Medicaid program just Title 19.
Whatever the program may be called, it is clear that without dramatic reform, Medicaid costs are expected to double by 2017. In 2008 the federal government spent $4.13 billion and expected 2009 expenditure will be $4.32 billion.
The states are looking for ways to reduce Medicaid costs. One idea being considered is to use a relatively unknown provision which is already on the books in 30 states. Called filial responsibility laws, these laws would obligate adult children to provide food, clothing, housing and medical attention for their indigent parents.
The definition of indigent will vary from state to state but a parent’s need for assistance from a Medicaid program may be enough to support the definition of indigent. 21 of the states that already have filial responsibility laws on the books would allow a civil action to be brought by the state to obtain financial support for elder parents and get cost reimbursement.
Of particular concern should be the fact that in 12 states criminal penalties can be imposed and in 3 states both criminal and civil actions can be brought.
Most of these laws do exempt children who are not able to pay. However, the definition of what is considered in making the determination of ability to pay varies by state.
The state that currently have filial responsibility laws on the books are Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia .
Comments
I took care of my Mother for almost 6 1/2 years starting in 1998. I continually refinanced my house in order to care for her. I now have over $165,000.00 loan from $65,000.00 and am struggling to survive. I am 54 with this high of a mortgage and divorced. Halfway through those almost 6 1/2 years I finally received help from the Clinton Adm (I sure do miss Pres Clinton and his adm). I am one of the only teachers who teach a class on how I was able to get paid for caring for my mother through Medicaid. I will now teach these classes online as well. You can view them at pegslearningcenter.
The state of Oh is better off paying those children who wish to care for their parents rather then place them in nursing homes. The state saves millions of dollars paying loved ones to care for their loved ones rather then the huge cost of nursing homes Medicaid would have to pay. This also employs another citizen which in turn gives the state more taxes. This is why I am promoting this progra
Whether or not it is wise policy to impose financial support requirements on adult children for the care costs of aged and/or disabled parents on Medicaid, this isn't an option now. This is because language in Title XIX of the Social Security Act (the federal Medicaid law) expressly forbids the imposition by states of financial support obligations on children for Medicaid care expenses. So, while current state support laws may have some applicability and legality in some non-Medicaid contexts, the federal law's prohibition of such support obligations for Medicaid over-rules any state parental support laws for that program---until and unless Title XIX is amended by Congress to allow it.
My mother was just informed that she must have a stranger move in her apartment at a Emirtus senior living facility. because she is on medicaid under the guise of friendship policy. She will be given a 30 day notice to comply or be evicted.Is this what the United States of America has come to with our senior citizens?How would they like to have someone they don't know or may even not like move in their home.Apparently all senior living facilities will follow turning senior living into forced nursing homes.You're not saving money your making it.
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