Pennsylvania nursing home negligence and abuse is obviously a huge problem. But a similar – and linked – issue is the cost of senior care.
Who should pay for a nursing home stay: the resident and his/her family… or the government? This question is at the core of a lot of nursing home legal disputes in Pennsylvania and elsewhere.
An Appellate Court ruling in the case of Health Care and Retirement Corporation of America v. John Pittas may have significant bearing on this debate, insofar as it may serve as a harbinger for a changing “balance of burden.”
Here are the key details…
Pittas’s mother had entered a Pennsylvania nursing home while recovering from a car accident. Although she had a pension and collected Social Security, her income amounted to just $1000 a month. This was obviously significantly less than the cost of her stay at the home. Over six months, she racked up unpaid bills of approximately $93,000.
To get paid, the nursing home leveraged Pennsylvania’s filial responsibility statutes to try to get her son, John Pittas, to pay the $93,000 owed. Three-fifths of all U.S. states have filial responsibility statutes, which compel adult children to help pay for their parents’ nursing home care, when the parents are indigent.
Interestingly, nursing homes can sue family members arbitrarily. Pittas argued that he was just one of many children who could have shared his mom’s burden — and that he was unfairly singled out. But the Appellate Court ruled that the nursing facility could go after him and not his siblings or his mom’s other relatives.
Situations like the Pittas case are nuanced and trick. Medicaid cannot take into account the income and assets of adult children of elderly parents who need care, when the program determines eligibility. Likewise, once a person is already enrolled in Medicaid — and becomes eligible for long-term benefits — lawsuits like the one that hit Mr. Pittas become untenable.
In this particular case, the women had applied for Medicaid, but her application was pending. It hadn’t gone through. So when she racked up her bills, the facility was allowed to sue her son.
The practice of compelling adult children to take care of aging parents has a long legacy – dating at least back to England’s Poor Relief Laws from the 1600s.
Cases like this one have been relatively rare in recent years, but inside analysts are sensing a shift. They believe that these “let’s make adult children pay for their parents’ care” cases will become more and more common, given the escalating costs of senior care, forces urging the government to “turn down the flow” of funds for senior benefits, etcetera.
If you need help with a Pennsylvania nursing home injury, accident, or negligence case, the experienced, respected team at Rosenbaum & Associates would love to provide a confidential and free case consultation. Get in touch with us today at our toll free hotline, 1-800-7-LEGAL-7, to schedule your appointment.