SP Presentation Points

SP Presentation Points - Filial Responsibility Statutes o...

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Filial Responsibility Statutes o 29 States and Puerto Rico 21 allow civil court action 12 consider it a criminal penalty 3 allow both o Rarely enforced Enforceable if: Parent obtains care in state with law Parent was not a Medicaid qualifier during care Parent unable to afford bill Child able to pay bill Caregiver decides to sue child o Comes from Elizabethan Poor Relief Act of 1601 o Under 1/3 of Americans can afford to pay for more than three years of nursing home care o Originally, 45 states had laws o PA law: “a child shall not be liable for the support of a parent who abandoned the child and persisted in the abandonment for a period of 10 years during the child’s minority” Medicaid o Long-term care costs in 2002: $60 billion o State collection in 2005: $350 million o Eligibility counts assets given to children within three years prior to application Statistics o USA: 2010 Census: 40.3 million people/13% of population are aged 65 years or older o
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