Law in Contemporary Society
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Elder Care Reformation (ChanyoungJeongFirstEssay)

-- By ChanyoungJeong - 19 Feb 2025

The elder care policies in the United States are fundamentally flawed due to Western society’s rigid, diachromatic, emphasis on individualism. The nation's near-religious devotion to personal independence and liberty is deeply rooted in its historical background. While these values are undeniably positive, they can, like pumpkin seed oil shifting from green to dark brown when overly concentrated, lead to distorted and unhealthy outcomes. With personal freedom elevated to near-divine status, it is unsurprising that inherently dependent acts—such as elder care—have been relegated to the margins of legislative priorities.

The American Family

The typical American family follows a familiar trajectory: parents raise a child until they reach adulthood, usually between 18 and 21. At this point, the child is expected to become independent—leaving home, finding a job, and starting their own family—gradually distancing themselves from their parents. Once the child has established their own household, their responsibility toward their parents is minimal, often limited to holiday visits before the parents eventually transition into nursing homes. This model may have been sustainable in a society unaffected by modern economic pressures, but with rising inflation and the increasing cost of living, it is no longer viable.

Increasing Median Age

As previously mentioned, rising inflation and the increasing cost of living have worsened elder care inequities. However, another key factor driving the urgency of this issue is the rising median age and advancements in medical technology. These improvements have led to longer lifespans, but they have also extended the period in which individuals require care. In 1980, the median U.S. age was 30 (New York Times), and by 2022, it had risen to 38.9 as birth and death rates continued to decline. While aging may seem like a gradual process, it is often punctuated by sudden health crises—such as dementia, fractures, and cancer—that tend to cluster in the final years of life. This sudden swarm of health crises lead to unprecedented familial and financial strain for elders and their caretakers.

Current Government Offerings Resulting In Financial Difficulties for Middle Class Citizens

What support does the United States provide to elders facing these challenges? Medicare begins at age 65 but does not cover long-term in-home daily care, which costs approximately $60,000 per year for a home health aide or $110,000 for a private nursing home room. Medicaid, the primary option for low-income individuals, requires assets below $2,000 to qualify, and with an average three-year waitlist of 800,000 people, access is increasingly difficult. Meanwhile, ongoing staffing shortages have left nursing homes without open beds, exacerbating the crisis.

Financial strain is widespread—30% of older adults have stopped saving, 25% are taking on more debt, and many struggle to afford basic necessities. This crisis is further obscured by societal discomfort with discussing death, even at the governmental level. While Medicaid exists for the poor and life insurance can protect the wealthy, the vast majority of Americans fall into a gap with no structured support, forcing them to deplete their savings and risk financial ruin. Nursing homes are also not a feasible answer. Physical, sexual, mental, financial abuse cases are rampant in nursing homes as workers are underpaid and understaffed. Yet no changes are being made in elder care policies mostly due to the legislative branch being chained down by the lobbying efforts of privatized health and life insurance companies who prey upon the sickness of the average citizen.

Solution #1: Increasing Pay and Benefits of Nursing Home Staff

Elder care in the United States faces significant challenges due to a complex web of economic, social, and policy-driven factors. While legislation alone cannot fully resolve these issues, meaningful reforms can move the country toward a more equitable system. One of the most feasible and impactful steps is increasing pay and benefits for healthcare workers in elder care. Nursing home staff and in-home health aides often experience high attrition rates due to demanding work conditions and inadequate compensation. Government-mandated wage increases and support programs could help retain skilled workers, ultimately improving the quality of care provided to elderly individuals.

Solution #2: Mandated Elder Care Benefits for Businesses

Another critical policy change would be mandating annual elder care benefits for employees. Similar to paid maternity leave, this initiative would require businesses to offer financial support for elder care, easing the economic burden on caregivers. While costly and complex to implement, such a policy would signal a national commitment to elder care reform. Companies like Johnson & Johnson and Prudential, which already offer these benefits, have reported increased employee satisfaction and retention, suggesting that broader adoption could have widespread positive effects.

Solution #3: National Elder Care Program

A more ambitious but transformative approach would be the establishment of a national elder care program. Modeled after Medicaid and Medicare, this initiative would provide financial assistance to middle-income families caring for elderly relatives while investing in research and development to lower the cost of elder care technologies. Countries like Sweden and France have successfully implemented similar programs, demonstrating that such a system is both possible and beneficial. While this proposal faces significant political and financial hurdles, it represents a long-term solution to the growing demand for elder care services in the United States.

Conclusion

Ultimately, addressing the challenges in elder care requires a combination of economic incentives, workplace policies, and large-scale government initiatives. By prioritizing better wages for caregivers, expanding employer-supported benefits, and laying the groundwork for a national elder care program, the U.S. can take meaningful steps toward a more sustainable and equitable system for its aging population.

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