34 Pages Posted: 23 Jul 2014
Date Written: July 21, 2014
As thousands of the United States’ baby-boomers retire each day, people live longer, families disperse, and the population ages. Financing long-term care needs has become an increasingly important focal point in both civilian and government budget discussions. In order to reduce reliance on government provided long-term care funding programs such as Medicaid, states can leverage the often unenforced filial responsibility laws and State Long-Term Care Partnership Programs. Through the enforcement of existing filial responsibility laws, states can provide the proverbial “stick” to incentivize people to purchase long-term care insurance by increasing their personal liability for their family members’ long-term care expenditures. Furthermore, by offering liability protections from filial responsibility laws under the state’s long-term care insurance partnership program, states will be able to offer a “carrot” to encourage participation in the long-term care insurance market. Ultimately, by leveraging these two existing legal structures, states can incentivize the purchase of long-term care insurance and reduce reliance on government provided long-term care financing programs.
Keywords: long-term care, insurance, long, term, state, laws, Medicaid, Medicare, retirement, Partnership, State Partnership Programs, spend, down
Suggested Citation: Suggested Citation
Hopkins, Jamie Patrick and Kurlowicz, Ted and Woehrle, Christopher P, Leveraging Filial Support Laws Under the State Partnership Programs to Encourage Long-Term Care Insurance (July 21, 2014). Widener Law Review, Vol. 20, No. 165, 2014, 20 Widener L. Rev. 165 (2014). Available at SSRN: https://ssrn.com/abstract=2469412