Filial Love
By Rick Metz
Over the years on A Firm Foundation for Life radio program, we have done shows in a “mini-series” format on a variety of related topics. Several recent radio programs and in a couple of newspaper columns, most recently on October 5, Jeannie’s Story was shared regarding a specific story about this woman’s life. The larger topic of how we have come to “put people away” in long-term care facilities became evident after much research was completed. In many cases family, friends, and other relatives have completely forgotten these individuals. Since beingexposed to numerous long-term care facilities around the nation and in a couple of situations in other countries, now for almost a decade, I have been asking myself, “What has led to this attitude that seems most prevalent in the United States?”
Since “Jeannie’s” case, I undertook some research into the question, “What in our country promotes the idea of ‘putting people away’ and forgetting them?” The term I discovered is Filial Responsibility and it is explained as “a duty, or moral responsibility, usually upon adult children, to take care of their sick or impoverished parents or other relatives.” These laws had their origins back in British law from the 16th century and are sometimes referred to as “poor laws.” At one point in the United States, as many as 46 states had such laws but, with the passage of Medicare and Medicaid in 1965, things changed and many states repealed their filial laws. Today, however, there are still thirty (30) states, including Ohio, that have maintained these Filial laws on their books and they have remained dormant as Medicare/Medicaid has filled the obligation that used to fall on family members. These Medicare/Medicaid laws were part of a concept in this Country referred to as “The Great Society.”
Many of us older adults have witnessed an explosion in the construction of thousands of facilities across our Country to house all these Medicare/Medicaid-supported patients. Medicare qualifications are very broad based so most of ourpopulation over 65-years old qualifies if their work experience in their lifetime was about ten (10) years or they were the spouse of someone with the ten (10) year work qualification, then the non- working spouse would qualify. Medicaid law went even further; it specifically prohibited long-term care facilities from going after adult children for their parent’s nursing home or other medical bills. Medicaid also made it a criminal offense to deny care to patients.
Four years ago on a visit to Romania, one of Jackie’s elder relatives was in the final days of her life. Grandma was being cared for in the home by her daughter and son-in-law, who are our age. There was no medical care in the village and no facility anywhere to place grandma for the necessary care. The family was doing what needed to be done, willingly with love, I might add. For years, around the world this is the way it has been done. Many laws get passed and social programs are created — with good intentions. After these programs and laws are in effect for years we can see what influence they have or have not had on our society. Medicaid patients become wards of the State; family members, at that point, are no longer responsible for their care or the cost of their care provided by a long term-care facility.
Could this well-intentioned program, Medicaid, be contributing to this pervasive attitude in our country where many sickly or elderly are put into long-term care facilities and basically forgotten? This is not meant to put everyone and every family in this category as we have witnessed many families actively involved in their elder family members’ life and care but, certainly, there are many elderly feeling lonely and, worse yet, “put out to pasture” or, even worse, abandoned and forgotten.
