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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 15, 2013 03:23 PM |
|---|---|
| From: | Senator Daylin Leach |
| To: | All Senate members |
| Subject: | Filial Responsibility Law |
| In the near future I plan to re-introduce legislation changing the filial responsibility law in Pennsylvania. This arcane statute allows adult children to be held liable for the healthcare costs of their parents with no account taken of the parent’s ability to pay. When a parent enters a residential health facility and then refuses to pay, under current law their children’s income can be taken and their credit ruined. There is also no provision for estranged relationships. Children who live out of state or have severed ties with parents are still liable and can have judgments entered against them before they even realize the problem. While the idea behind this statute is noble, that we should all care for our family, it is not something we can legislate. This statute actually prevents family reconciliation by straining already tough relationships. Twenty-one states, up from a low of 10 states, do not have or have repealed their filial responsibility laws. Pennsylvania is arguably the most aggressive enforcer with North Dakota being the only other active enforcer of these harsh rules. My bill would provide an exception to the filial responsibility if the child does not voluntarily accept responsibility. No claim would be made on a child whose relationship with their parent has been severed. |
Introduced as SB533