Pennsylvania Moves to Overhaul Outdated Filial Responsibility Laws: What Families Need to Know

Harrisburg, PennsylvaniaCredit: Commonwealth Media Services

HARRISBURG, PA — The Pennsylvania House has unanimously passed House Bill 2094, spearheaded by State Representative Kristine Howard, D-Chester. This landmark legislation aims to modernize the state’s filial responsibility laws, which have uniquely positioned Pennsylvania as the only state actively enforcing these obligations over the past 25 years.

Filial responsibility laws dictate that family members, specifically spouses, children, and parents, can be held liable for the financial obligations of an indigent relative, most commonly pertaining to medical expenses. While such statutes remain on the books in many states, Pennsylvania’s active enforcement has sparked ongoing debate and criticism, particularly concerning fairness and modern relevance.

House Bill 2094 seeks to reform these antiquated provisions by amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. Under the proposed changes, family members would only be liable for an indigent person’s outstanding medical bills under specific conditions: if there has been collusion to conceal assets within the preceding five years, or if the family member fails to participate in the Medical Assistance process. This approach aims to protect families from undue financial burden while preventing fraud.

The bill’s passage in the House marks a pivotal step towards aligning Pennsylvania’s legal framework with contemporary societal norms and alleviating undue financial pressures on families. The legislation underscores a shift towards ensuring that legal responsibilities do not disproportionately affect families already facing difficult circumstances, without compromising the integrity of medical assistance programs.

Representative Howard expressed her commitment to updating these laws, stating, “It’s a shame that Pennsylvania has accepted its status as an outlier when it comes to filial law. The commonwealth needs to get caught up to the 21st century and eliminate this antiquated practice.” Her advocacy highlights the necessity for legislative evolution to meet modern needs and protect constituents from outdated legal obligations.

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House Bill 2094 now advances to the Pennsylvania Senate, where it awaits further deliberation. Should the Senate approve, the bill will progress to the governor’s desk for signing into law, potentially bringing relief and clarity to countless families across the state. As the legislative process continues, the bill’s progress is closely watched by advocates for legal modernization and family welfare alike.

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