THURSDAY 5 NOVEMBER 2009

Provision in Health Care Bill Governing Prayer Treatments May Be
Unconstitutional
Thursday 05 November 2009

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

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.