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February 26, 2025

German Elder Care

By James Lewis Root Butterworth - 2024 Intern, Commission on Law and Aging

The PDF, which includes any endnotes and footnotes,  in which this article appears can be found here: /content/dam/aba/administrative/law_aging/vol46issue3.pdf

The global population of people over the age of 65 is projected to increase to 1.6 billion by the year 2050. As lifespans lengthen, adequately supporting the population will become increasingly challenging. No country has a perfect system for financing elder care, but Germany has an interesting approach.

Germany's approach to elder care relies on a mandatory, public long-term care insurance (LTCI) system, introduced in 1995. This system is funded through payroll taxes, which means that every employed individual contributes to the fund, and benefits are available to all residents who meet certain care requirements. The system covers nursing home care, home care, and outpatient services, with benefits adjusted based on the level of care required.

Germany’s public LTCI system ensures that all citizens have access to long-term care when needed. This universal coverage reduces financial barriers to care and helps prevent people from depleting their savings or facing financial ruin due to the high costs of long-term care. The system pools contributions from all workers, which spreads the economic risk of long-term care across the population. The system also minimizes the burden on the individual and helps stabilize the financial system as a whole. Because contributions are income-based, German citizens can predict their future long-term care costs. For most, this predictability makes it easier to plan for potential future care needs.

One of the major concerns for Germany’s system is its sustainability in the face of an aging population. Fewer workers are supporting a growing number of retirees. Long-term care costs, particularly in nursing homes, have been rising steadily. The aging population, combined with increased demand for care services, has led to escalating expenses that the LTCI system may struggle to cover without future reforms. Germany has relied heavily on migrant labor to fill positions in caregiving roles, which has led to concerns about worker exploitation and the quality of care, especially considering low pay and high turnover rates.

The United States’ elder care system relies primarily on private insurance, Medicaid, and out-of-pocket payments. Unlike Germany, the U.S. does not have a universal long-term care insurance system. Instead, individuals must rely on private insurance if they have any insurance at all.  Proponents of the status quo claim that the U.S. private market for insurance ensures quality by fostering competition. The variety of private insurance plans in the US system does allow people to find something that best suits their individual needs, but only 3.1% of the US population has a private LTCI plan to benefit from. Surveys show that 18% of adults claim to have long-term care insurance, which might be due to confusion of LTCI with related but separate kinds of insurance, leaving people dangerously unaware of their lack of coverage.

Medicaid is a joint federal-state program that provides long-term care coverage for low-income individuals, but it comes with eligibility requirements that vary state-by-state, and that many older adults simply do not meet. Depending on one's financial situation, location, and eligibility for Medicaid, the quality and availability of care can differ dramatically. Between a small percentage of people being able to afford LTCI, misconceptions over whether people have LTCI coverage, and inconsistent Medicaid eligibility and support, many individuals either face high upfront costs or need to rely on family members for unpaid care.

In response to the growing financial and logistical challenges of elder care in the U.S., there have been initiatives proposed to implement a long-term care insurance system akin to the German model. These proposals aim to create a more unified system to ensure that all Americans have access to long-term care without the financial burden. One such initiative is the CLASS (Community Living Assistance Services and Supports) Act, which was introduced as part of the Patient Protection and Affordable Care Act in 2010, and was repealed in 2013. The CLASS Act was designed to create a voluntary, publicly funded long-term care insurance program for individuals who paid into it for five years and were then eligible to receive benefits if they needed long-term care. The program was never implemented due to concerns about its long-term financial sustainability and the challenges of making it financially viable without significant contributions from taxpayers.

More recently, California has proposed their version of a long-term care insurance program, and Washington has implemented a similar LTCI program. Washington’s program, the WA Cares Fund, is the first of its kind in the U.S. to require a small payroll tax from residents in exchange for long-term care benefits. This state-level initiative is a step toward expanding access to long-term care and reducing the financial burden on individuals, but its long-term success is unclear.

Germany’s LTCI system is funded by both employer and employee contributions currently set at around 3.05% of income (or 3.3% for childless individuals). As Germany’s older adult population increases, maintaining these contribution levels grows more challenging. With fewer workers contributing to the program, and more individuals requiring care, future reforms may be necessary, such as increasing taxes or reducing benefits. Germany’s strong social safety net makes it a viable system for now, but it still faces long-term financial pressures.

The U.S. elder care system is much more fragmented, with costs distributed across private insurance premiums, out-of-pocket expenses, and government programs (such as Medicaid). For individuals without private insurance, the out-of-pocket costs of long-term care are substantial, often reaching over $100,000 annually for nursing home care. Medicaid helps to cover costs for low-income seniors, but it places significant pressure on state budgets. The ideal system for the US may involve more states (like Washington) adopting LTCI programs as safety nets, while maintaining the viability of private care facilities. Ideally, this approach could reduce the disparities of the current system.

In conclusion, both Germany and the U.S. face significant challenges in managing long-term care for their aging populations. Germany’s system offers a more stable and universally accessible approach, albeit less personalized, and at the cost of even those who might opt for a private insurance plan. The U.S. system, while flexible, places a more significant financial burden on individuals, and prohibits economically disadvantaged individuals from adequate care. Recent U.S. initiatives to implement long-term care insurance programs show a growing interest in creating a more sustainable and equitable system for individuals needing such care.

James Lewis Root Butterworth

2024 Intern, Commission on Law and Aging

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