In May of this year, the Pennsylvania Superior Court issued a decision
requiring a son to pay for his indigent mother’s care provided in a skilled
nursing facility.
In Healthcare & Retirement Corporation of America, d/b/a Liberty
Nursing & Rehabilitation Center v. Pittas, a mother received care from
a skilled nursing facility for injuries sustained in a car accident. After discharge, the mother relocated to
Greece. A large portion of the bill
remained unpaid. The Plaintiff instituted
a filial support action against the son.
Pursuant to 23 Pa. C.S.A. § 4603 (the “Act”), the facility sought to
hold a son liable for the outstanding amount incurred. After a three day non-jury trial, the court
entered a verdict in favor of the Plaintiff in the amount of approximately
$90,000.00. On appeal, the Superior
Court held that the son had sufficient financial ability to pay for the care of
the indigent parent and that the parent was indigent for purposes of the Act.
Pennsylvania is one of
only a small number of states to require such responsibility. However, the Act is not without its
detractors and a bill has been introduced to repeal the filial support
law. House Bill 321 is currently in the
Judiciary Committee. It is unknown at
this time whether the Superior Court’s decision will be appealed or whether the
House Bill will make it out of Committee.
Rest assured, that the attorneys of Meyer, Unkovic & Scott LLP will
continue to monitor these important decisions.
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