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Family Responsibility Initiatives and Justice between Age Groups

Published online by Cambridge University Press:  28 April 2021

Norman Daniels
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Extract

Only one of the Ten Commandments offers a reward. We should honor our parents, we are told, so that our days may be long. When the federal or state governments appeal to traditional religious and family values, however, we should look to the costs and not the benefits. In Hawaii, House Resolution 54 would seek to reinstate a relative responsibility law that was repealed in 1965; the immediate concern is to correct a $30 million shortfall in Medicaid. In Massachusetts, a pending bill, House Bill 1753, would make each “responsible relative” of a Medicaid recipient residing in a nursing home accountable for up to 25 percent of the amount paid, although the total collected from all responsible relatives must not exceed 100 percent of Medicaid payments. According to the bill, responsible relatives are spouses, natural and adoptive children, or natural or adoptive parents of blind or disabled children under 18.

Type
Article
Information
Law, Medicine and Healthcare , Volume 13 , Issue 4 , September 1985 , pp. 153 - 159
Copyright
Copyright © American Society of Law, Medicine and Ethics 1985

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References

See State House Notes 42: 7 (March 1984).Google Scholar
Id.Google Scholar
Id.Google Scholar
See Callahan, D., What Do Children Owe Elderly Parents? Hastings Center Report 15(2): 32, 33 (April 1985).Google ScholarPubMed
Id. Kapp, M.B., Residents of State Mental Institutions and Their Money (Or the State Giveth and the State Taketh Away), Journal of Psychiatry and the Law 6(3): 287, 305 (Fall 1978).Google Scholar
Preston, S.H., Keyfitz, N., Schoen, R., Causes of Death: Life Tables for National Populations (Seminar Press, New York, N.Y.) (1972), cited in Treas, J., Family Support Systems for the Aged: Some Social and Demographic Considerations, Gerontologist 17(6): 486 (December 1977).Google Scholar
Vital Statistics of the United States, 1973, Life Tables (National Center on Health Statistics, Rockville, Md.) (1975), cited in Treas, supra note 6, at 486.Google Scholar
U.S. Bureau of the Census. Demographic Aspects of Aging and the Older Population in the United States, Current Population Reports, Series PC-23, no. 59 (United States Gov't Printing Ofc., Washington, D.C.) (1976), tables 3-1, 6-10. Cited in Treas, , supra note 6, at 487.Google Scholar
Kobrin, F.E., The Fall of Household Size and the Rise of the Primary Individual in the United States, Demography 13:127–28 (1976), cited in Treas, , supra note 6, at 487.Google ScholarPubMed
U.S. Bureau of the Census, Demographic Aspects of Aging and the Older Population in the United States (United States Gov't. Printing Ofc., Washington, D.C.) (1976), cited in Treas, , supra note 6, at 487.Google Scholar
See, e.g., The American Family in Social-Historical Perspective (Gordon, M., ed.) (St. Martin's Press, New York, N.Y.) (3rd ed. 1978).Google Scholar
For similar points see English, J., What Do Grown Children Owe Their Parents? in Having Children: Philosophical and Legal Reflections on Parenthood (O'Neill, O., Ruddick, W., eds.) (Oxford University Press, New York, N.Y.) (1979) at 351–56; Callahan, , supra note 4, at 35.Google Scholar
English, supra note 12, at 352.Google Scholar
Id. at 351.Google Scholar
Schoeman, F., Rights of Children, Rights of Parents, and the Moral Basis of the Family, Ethics 91(1): 6–19 (October 1980).Google Scholar
See Callahan, , supra note 4, at 34 (other comments on English's view).Google Scholar
Allan Buchanan has argued that the enforcement of some duties of charity may be justified because coordination problems otherwise block effective charitable action. Whatever the merits of his application of this argument to health care, one cannot easily appeal to it here. Cf. Buchanan, A.E., The Right to a Decent Minimum of Health Care, Philosophy and Public Affairs 13(1): 55, 70–72 (Winter 1984).Google ScholarPubMed
Cf. Shanas, E., The Family as a Social Support System in Old Age, Gerontologist 19(2): 169–74 (April 1979).Google ScholarPubMed
Daniels, N., Just Health Care (Cambridge University Press, Cambridge, Eng.) (1985) [hereinafter cited as Just Health Care).Google ScholarPubMed
Rawls, J., A Theory of Justice (Harvard University Press, Cambridge, Mass.) (1971).Google Scholar
This requires modifications of Rawls's equal opportunity principle, however. Cf. Just Health Care, supra note 19.Google Scholar
Cf. Just Health Care, supra note 19, at ch. 5; Daniels, N., Equal Opportunity, Justice and Health Care for the Elderly: A Prudential Account, in Geriatrics: Ethical and Economic Conflict for the 21st Century (Engelhardt, T., Spicker, S., eds.) (D. Reidel, Dordrecht, Holland) (1986, in press) [hereinafter cited as Equal Opportunity]Google Scholar
Cf. Zook, C.J., Moore, F.D., High-Cost Users of Medical Care, New England Journal of Medicine 302(18): 996(May 1, 1980).Google ScholarPubMed
Aaron, H. Schwartz, W., The Painful Prescription: Rationing Hospital Care (Brookings Institute, Washington, D.C.) (1984).Google Scholar
Elsewhere I have defended the moral acceptability of age-rationing under specified circumstances. Just Health Care, supra note 19; Equal Opportunity, supra note 22. See Avorn, J., Benefit and Cost Analysis in Geriatric Care. Turning Age Discrimination into Health Policy, New England Journal of Medicine 310(20): 1294–1301 (May 17, 1984).Google ScholarPubMed