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Re:HHS announces rule to protect consumers from surprise med... by bpodgursky on Friday July 02, 2021 @02:13PM (#27714833)
No, children aren't responsible for bills. It can only come from your estate.

Transferring assets isn't crazy but you do need to be careful if you want to do it in a non-taxable manner (you can't just give your kid $500k cash without them counting it as income).

Re:HHS announces rule to protect consumers from surprise med... by memling on Friday July 02, 2021 @02:40PM (#27715167)
> No, children aren't responsible for bills. It can only come from your estate.

I think it's worth noting that while this may be true if you're dead, it's not the case when you're still alive.[1]

Filial responsibility laws mean that adult children can be legally required to pay their impoverished parents' medical bills. The above cites a case where a man was required by the courts to pay $93,000 for his mother's rehabilitation.[2] From what I've read, Pennsylvania may be particularly onerous compared to other states, but it's not a slam dunk kids won't be on the hook.

[1]: https://en.wikipedia.org/wiki/Filial_responsibility_laws

[2]: https://abcnews.go.com/Business/pennsylvania-son-stuck-moms-...

Re:HHS announces rule to protect consumers from surprise med... by OldTimeCoffee on Friday July 02, 2021 @03:28PM (#27715767)
It's not cut and dry and it requires the company or state to sue. So 'can be' is very unlikely because the laws are not typically enforced. Federal law can also prohibit companies from collecting.

More info is here:

https://www.nolo.com/legal-encyclopedia/your-obligation-pay-...

Because Wikipedia only talks about their existence, not a discussion of them.

Re:HHS announces rule to protect consumers from surprise med... by memling on Friday July 02, 2021 @03:42PM (#27715915)
> It's not cut and dry and it requires the company or state to sue.

I have to imagine that it's pretty rare, and I don't think it's appropriate to generalize from what appears to be a pretty sensationalist case. I expect the laws are usually structured to ensure that children don't fleece their parents out of money and turn them effectively into wards of the state, etc. It doesn't seem unreasonable to me that states would encourage families to take care of each other, though PA seems a bit of an outlier in this regard.

Re:HHS announces rule to protect consumers from surprise med... by OldTimeCoffee on Friday July 02, 2021 @04:00PM (#27716120)
It's incredibly rare and PA is absolutely an outlier. That's why the case that is mentioned was newsworthy.

Typically when it's used it's to recover money in cases of fraud. For example, where the parent or child conspires to hide money from the state to avoid paying for care. To the best of my knowledge, PA is one of the only states that allows private entities to sue. Some states are like Ohio where it's a criminal statute, so only the state has standing to bring charges. All said, don't get legal advice on the internet, this is an armchair discussion by laypeople.

As an aside, I don't see why the children should have any specific burden to take care of their parents medical expenses now that we have Medicare and Social Security. We've decided it's better to have all of society to take care of our elderly rather than tie it to their children's ability to pay.

Re:HHS announces rule to protect consumers from surprise med... by drewg123 on Friday July 02, 2021 @02:25PM (#27714978)
I could be wrong, but I thought that the $500K would not count as income for them, but would deduct from your lifetime estate tax exclusion. See https://www.nerdwallet.com/article/taxes/gift-tax-rate
Re:HHS announces rule to protect consumers from surprise med... by klodolph on Friday July 02, 2021 @03:07PM (#27715498)
This depends on jurisdiction and the nature of the bills.

Pennsylvania has filial support laws which mean that children can be held directly responsible for the medical expenses of their parents. This requires that Pennsylvania have jurisdiction over the children, of course.

Re:HHS announces rule to protect consumers from surprise med... by basisword on Friday July 02, 2021 @03:12PM (#27715560)
Is this really true? American health care is a horror show but this is possibly the most messed up thing I’ve heard.
Re:HHS announces rule to protect consumers from surprise med... by klodolph on Friday July 02, 2021 @03:55PM (#27716058)
Filial support laws are not even remotely unique to the US, and it's only true in certain states. Pennsylvania is the most notorious.

France: https://fr.wikipedia.org/wiki/Obligation_alimentaire_en_Fran...

Germany: https://de.wikipedia.org/wiki/Elternunterhalt

Asia has a ton, I'm sure.

Re:HHS announces rule to protect consumers from surprise med... by basisword on Friday July 02, 2021 @05:00PM (#27716789)
It’s the combination of filial support and the expensive US health care system that I’m shocked by, not filial support as a concept.
Re:HHS announces rule to protect consumers from surprise med... by klodolph on Friday July 02, 2021 @05:15PM (#27716972)
Like other filial / familial support laws, there are limits based on the ability to pay.
Re:HHS announces rule to protect consumers from surprise med... by rootusrootus on Friday July 02, 2021 @03:29PM (#27715775)
True in some states. Also not just the US. Germany also seems to have some version of filial responsibility.
Re:HHS announces rule to protect consumers from surprise med... by CameronNemo on Friday July 02, 2021 @03:11PM (#27715553)
I've heard that only the parent needs to live in PA.
Re:HHS announces rule to protect consumers from surprise med... by klodolph on Friday July 02, 2021 @03:48PM (#27715967)
This is incorrect.

The parent does not need to live in PA at all, but a suit needs to be brought against the defendant to make them pay, and therefore the court needs to have jurisdiction over that person in order for the lawsuit to succeed.

Re:HHS announces rule to protect consumers from surprise med... by FireBeyond on Friday July 02, 2021 @04:14PM (#27716312)
No, they're not. But hospitals, many times, will absolutely imply that they are when a parent dies in hospital.

And if they do that well enough to have you make a payment, most legal systems will consider that acceptance of full financial responsibility on your part.

Re:HHS announces rule to protect consumers from surprise med... by prirun on Friday July 02, 2021 @05:25PM (#27717091)
My Mom died in 2014, in a local hospital. Several years after her death, I received a bill from that same hospital, addressed to her but sent to my address, for $9K. The kicker is, the "service date" on the bill was 1996! I ignored it since a) she had died; b) she had died in their hospital, so they obviously knew; c) her estate had settled years ago; d) she never received this bill while she was alive.

Hospital billing practice are pretty horrible. If a more compliant person had received this bill, they might have paid it, even though there is no way it was legit.

Re:HHS announces rule to protect consumers from surprise med... by ixacto on Friday July 02, 2021 @11:58PM (#27719249)
Yes you can. It just come from your lifetime gift tax exemption.

https://smartasset.com/retirement/gift-tax-limits

Re:HHS announces rule to protect consumers from surprise med... by Rebelgecko on Friday July 02, 2021 @02:43PM (#27715198)
I believe the gift giver is the one who is responsible for any taxes (beyond the $11m threshold). Although if you give gifts as a way to get around debts it might cause issues