Nursing Home financial ambush: Beware!

Discussion in 'Healthcare/Insurance/Govt Healthcare' started by JQPublic1, Jan 6, 2013.

  1. JQPublic1
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    JQPublic1 Gold Member

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    We are all going to get old and decrepit some day. Where we end up in our old age might depend on how well you have treated your close kin. Old aunt Bertha, who baked apple pies on Sunday and radiated with joy when she invited kinfolk into her home might not have to worry about being cared for by family members if she ever needs it. Old uncle Barney, who was always cantankerous and snarly might be destined for a nursing home. Most of his kin didn't like him when he was healthy and they sure don't like him when he is debilitated. Some even posit that he is finally getting his due for all the trouble he has caused .

    Depending on which state he lives in, Barney might have the last laugh. If he is indigent, whether through the Spend Down requirement for MEDICAID or otherwise, his children, brothers, sisters and/or parents might each get a bill from the state demanding payment for his care. Not less than thirty states adhere to the Filial Support law that gave states that right under the Deficit Reduction Act of 2005.

    Although George Bush, a Republican president, signed the Bill into law, a surprising number of "blue" states. including California embraced it while a number of "red" states, including Texas, have yet to adopt it.
    I'd like to hear from people who live in these Filial Support states. The link below will provide an interactive map that shows which states have adopted this law!

    Who pays for nursing home care, Filial Piety Laws, AARP Bulletinetin
     
  2. drifter
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    drifter Platinum Member

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    How would anyone be obligated to care for someone once they are a legal adult?

    Nobody chooses who they are born to and shouldn't be held liable to care for a parent especially if they were a jerk .
     
  3. JQPublic1
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    JQPublic1 Gold Member

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    If you clicked on the link you saw the states who do not have such laws. But there are many that do! If you clicked on a state in the interactive map, a drop down menu gives a brief encapsulation of that states law. Nevada's Filial law is the most onerous as it extends obligations to brothers and sisters in addition to parents or children.

    [SNIPPET]NRS 428.070 Responsibility of relative and recipient of aid for hospitalization provided by county: Reimbursement of county; determination of financial responsibility; action to enforce collection.
    1. The father, mother, children, brothers or sisters, of sufficient financial ability so to do, shall pay to the county which has extended county hospitalization to any person under the provisions of NRS 428.030, the amount granted to such person.
    [/quote]
     
    Last edited: Jan 6, 2013
  4. drifter
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    drifter Platinum Member

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    I honestly do not see how that can be enforced just like when a kid turns 18 his folks are held liable for his/her care anymore.
     
  5. Wonky Pundit
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    Wonky Pundit USMB's Silent Snowden

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    What's to stop these relatives from moving to other states?
     
  6. JQPublic1
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    JQPublic1 Gold Member

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    I am with you on this one... the laws stink. However, as I originally posted, some thirty states have such laws on their books and their laws are backed by the Deficit Reduction Act of 2005. Therefore, the laws are enforceable. I am glad I live in a state that has no such law. I feel that decision should be left up to the individual families and not the state. Still, I see the state's point of view too. Taxpayers ought not have to foot the bill to care for an indigent person whose relatives are people of means. Apparently, though, the law is rarely enforced.
     
  7. MeBelle
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    MeBelle Mebellien Mothership © Supporting Member

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    What do you want to hear about?
     
  8. JQPublic1
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    JQPublic1 Gold Member

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    I want to know if these laws are actually being enforced. Perhaps someone here can enlighten us with any experience or knowledge they might have on this matter.
     
  9. JQPublic1
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    JQPublic1 Gold Member

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    Nothing except the usual stuff like owning and selling a home; good job; so on and so forth!
    But since these Filial laws are implemented with the blessings of the Feds, moving to a non fiial state might not provide the protection one would think it would. I am not an attorney but I suppose the same procedures used to collect from dead beat dads across state lines could also apply to filial law!
     
  10. MeBelle
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    MeBelle Mebellien Mothership © Supporting Member

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    Have never heard of this law being enforced in California while a resident is in a Long Term Skilled Nursing Facility.
    But who knows what the State may do once the patient is released?
     

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