Filial Responsibility Laws Gaining Traction - Health Care & Retirement Corp. of America v. Pittas
Saturday, August 11, 2012
Per The New Jersey Law Journal:
"In the Pennsylvania case, Health Care & Retirement Corp. of America v. Pittas, 2012 Pa. Super. 96 (May 7, 2012), a judgment in the amount of $92,943.41 was entered against John Pittas, for care rendered in a nursing home to Pittas' mother, under that state's filial responsibility law. In September 2007, after completing rehabilitation for injuries sustained in an automobile accident, Pittas' mother was transferred to a nursing home owned by Health Care & Retirement Corporation of America (HCR), for long-term skilled nursing care and treatment. She resided there and received treatment until March of 2008, when she relocated to Greece, leaving a large unpaid balance due to the nursing home. Two months later, HCR commenced a lawsuit against her son."
New Jersey has a similar statute at N.J.S.A. 44:4-1 et seq. which gives standing to sue an "indigent" person's adult children to "two residents of the municipality or county" where the "indigent" person resides. See N.J.S.A. 44:4-141.
Links to the Pennsylvania appellate decision and the thoughtful synopsis of William P. Isele, Esq. below. (Registration required for the NJLJ article.)
"In the Pennsylvania case, Health Care & Retirement Corp. of America v. Pittas, 2012 Pa. Super. 96 (May 7, 2012), a judgment in the amount of $92,943.41 was entered against John Pittas, for care rendered in a nursing home to Pittas' mother, under that state's filial responsibility law. In September 2007, after completing rehabilitation for injuries sustained in an automobile accident, Pittas' mother was transferred to a nursing home owned by Health Care & Retirement Corporation of America (HCR), for long-term skilled nursing care and treatment. She resided there and received treatment until March of 2008, when she relocated to Greece, leaving a large unpaid balance due to the nursing home. Two months later, HCR commenced a lawsuit against her son."
New Jersey has a similar statute at N.J.S.A. 44:4-1 et seq. which gives standing to sue an "indigent" person's adult children to "two residents of the municipality or county" where the "indigent" person resides. See N.J.S.A. 44:4-141.
Links to the Pennsylvania appellate decision and the thoughtful synopsis of William P. Isele, Esq. below. (Registration required for the NJLJ article.)