Download this Paper Open PDF in Browser

Leveraging Filial Support Laws Under the State Partnership Programs to Encourage Long-Term Care Insurance

34 Pages Posted: 23 Jul 2014  

Jamie Patrick Hopkins

The American College

Ted Kurlowicz

The American College

Christopher P Woehrle

The American College

Date Written: July 21, 2014

Abstract

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

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

Jamie Patrick Hopkins (Contact Author)

The American College ( email )

Bryn Mawr, PA 19010
United States
610-526-1441 (Phone)

HOME PAGE: http://www.theamericancollege.edu/why-us/faculty/jamie-patrick-hopkins-esq.-j.d.-m.b.a

Ted Kurlowicz

The American College ( email )

Bryn Mawr, PA 19010
United States

Christopher P Woehrle

The American College ( email )

Bryn Mawr, PA 19010
United States

Paper statistics

Downloads
115
Rank
203,441
Abstract Views
782