Provision in Health Care Bill Governing Prayer Treatments May Be Unconstitutional

by: Yana Kunichoff, t r u t h o u t | Report

Provision in Health Care Bill Governing Prayer Treatments May Be Unconstitutional
The classically draped figure of Hygeia, daughter of Aesclepius and goddess of health. She holds up a torch in her right hand and holds a caduceus in the bend of her left arm. (Photo: takomabibelot / flickr)

The debate over the health care bill has reached a new level - a spiritual level - with a provision in the health care legislation requiring the consideration of prayer treatments as medical expenses brought to light.

This provision, quietly inserted, in an uncommon show of bipartisanism, by Sen. Orrin Hatch (R-Utah) with the support of Sen. John Kerry (D-Massachusetts), would require insurers to consider covering Christian Science prayer treatments in order to ensure that no one is discriminated against in seeking "religious and spiritual healthcare." Critics fear the precedent this could have on the constitutional separation of church and state, as well as whether it would encourage other religious groups to seek insurer reimbursement for their own spiritual healing.

The provision would apply only to insurance policies offered in the version of a bill where consumers would have the option to shop for plans which have met government standards. Two committees in the House have included their measures in the health care overhaul, but it was removed by Speaker Nancy Pelosi (D-California) after protests from members who said it was unconstitutional. In the Senate, Majority Leader Harry Reid (D-Nevada) is considering whether to include it in the consolidated bill he will send to the Senate floor.

Dr. Norman Fost, a pediatrician and medical ethicist at the University of Wisconsin, said the measure went against the attempt to reduce health care costs by improving evidence-based medical work. "They want a special exception for people who use unproved treatments, and they also want to get paid for it," he said. "They want people who use prayer to have it just automatically accepted as a legitimate therapy."

The Church of Christ, Scientists, more commonly known as the Christian Scientists, have long used paid prayer practitioners, often in place of medical doctors. Members of the church have been convicted in criminal cases where children have died after visiting prayer practitioners instead of medical doctors. Private insurers have been paying for the practice for nearly 90 years, but have recently started insisting on medical care that had proven medical results.

Christian Science prayer sessions are also one of the only religious treatments the Internal Revenue Service considers as tax deductible. Some federal medical insurance programs also already reimburse for prayer treatment.

Phil Davis, a senior Christian Science Church official, rejected criticism of the effectiveness of healing prayer. "We think this is an important aspect of the solution, when you are talking about not only keeping the cost down, but finding effective healthcare," he said.

The Church has said it consulted legal experts to help draft legislation which would be constitutional as well as hiring a major Washington lobbying firm to push the provision. Critics believe that the church, founded in Boston in 1879, were vocal constituents in Senator Kerry's decision to support the provision.

Whitney Smith, a press secretary for the Kerry campaign, said that the bill was "not government mandated expenses for religious services." Though the Christian Science Church is based in Massachusetts, she said, Kerry was in support of it purely because of its anti-discrimination provisions.

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Yana Kunichoff is an assistant editor at Truthout.


Comments

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I can't believe this is even

I can't believe this is even being seriously discussed. Imagine Bush being offered an atheist's guide to health care amendment, insisting that development of the intellect and raising one's IQ has immediate health benefits and that a library outreach program be instituted in all hospitals. He'd flush it down the toilet, which is what Obama should do with this piece of trashy legislation.


It's a black day for prayer

It's a black day for prayer if it's paid for and a blacker Day yet when it enters "quietly" into a government bill of any kind whatsoever. Separation of Church and State is wise. Do not allow it to be interfered with. By the same token, don't anybody or thing interfere with my right to my prayers.


blaaaahhh! My brain just

blaaaahhh! My brain just exploded while trying to figure out the logic behind this kind of move. Are you kidding me?? We just had another case here in Oregon where a child died becaues they were refused medical care by their parents, who decided it was better to pray for the child to get better. This is absolutely absurd.


"May be

"May be unconstitutional" How do you think it would look if it was clearly unconstitutional? Edwin Kagin National Legal Director American Atheists, Inc.


Hatch is up to his tricks

Hatch is up to his tricks again and Kerry is accepting prayer as health care... We need to add witch doctors and voodoo as health care as well. Come to think of it, why not add snake oil and water boarding as health care and declare Dick Cheney as doctor!!!! Junk all science and let only bible be the lighting guide since it contains all knowledge....


Look to health care in

Look to health care in France for a excellent working example. When does prayer cost $ anyway. Who are these people protesting at the white house, no health care! Who hired these protesters? Obama, keep on pushing, you have a heavy load. Keep on pushing. Thank you!


When I knocked on doors back

When I knocked on doors back in '04 I want everyone to know it was 'against' Bush, not 'for' anyone. This amendment really confirms my sense then and now that Kerry was and is a jerk. Didn't you love his trip to AfPak to arrange for a new election - that didn't go far!


According to scientific

According to scientific litterature, not even 15% of all the medications and techniques of modern medicine has any scientific basis or has been proven safe (British Medical Journal. 1991; 303: 798-799) So if you see your doctor as a charlatan, well, you are right, even though they are doing the best they can. What we need is more scientific research, not more lobbyists in DC that push dangerous chemicals as medicine. If prayer is proven to work and to be safe, so be it. But I, taxpayer, who pays the government's bill, want to see the research published and peer-reviewed, and also without interference by Big Pharma's chemical poisons pushers.


...and I assume they have

...and I assume they have made it hard to even mention birth control....


Lest we forget that freedom

Lest we forget that freedom of religion is a constitutional right we can look past the hype and recognize that a "do not discriminate" mandate is necessary in order to preserve our rights. Without the mandate the legislation under consideration automatically excludes the freedom. This is not a mandate to pay for prayer, it is a mandate to "not discriminate." Whatever our chosen beliefs and practices democracy wins when our constitutional freedoms are upheld.


This is where Obama proudly

This is where Obama proudly displays his conservative, right wing colors and hater of everything left. In his reputable Harvard education, he must have forgotten to read the Founding Fathers and U.S. Constitution. How can this discussion even be happening? If this prayer amendment passes he would be legislating even further to the right of Bush. Should another Republican, like Huckabee or Palin get in in 2012 this sort of fodder will turn this country into an explicit theocracy.


Prayer has been tested in a

Prayer has been tested in a controlled test and has been found to be useless. It's the same as homeopathic "medicine" -- bogus.


Extraordinary. As a Canadian

Extraordinary. As a Canadian who studied and worked for many years in the US, I can still be amazed at the lunatic decisions taken by seemingly reasonable people (such as Kerry).


Why don't the people praying

Why don't the people praying simply pray for money too? That way taxpayers who are smart enough to see through this rot won't be forced to pay for it at gunpoint. Oh I remember the answer is at the 1:126 point in this video: http://www.youtube.com/watch?v=MeSSwKffj9o


if it is useless why fuss

if it is useless why fuss over its use.


So, lets just shut down

So, lets just shut down legitimate health CARE and send all sick and injured to a church, right? Just when I think it can't get more absurd, this kind of nonsense come along. Orin Hatch is among the flakiest around and John Kerry is fast becoming symbolic of those congressional "Democrats" who will knuckle under to almost any weird faction while stiffing the general public and those who really need some help.


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