wfn.org | High court's action called "victory for patients' choice"

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NEWS RELEASE & BACKGROUND

Contact Information:

The First Church of Christ, Scientist in Boston, Massachusetts
Kevin Graunke
1-800-288-7155, Ext. 3309
graunkek@csps.com

For Immediate Release
Thursday, April 5, 2001				

High court's action called "victory for patients' choice"

BOSTON-On Monday, April 2, the U.S. Supreme Court declined to review the 
decision of the U.S. Court of Appeals for the Eighth Circuit, which upheld 
Congress' power to accommodate religious belief in the administration of 
the  Medicare program.

Michael McConnell, a leading constitutional lawyer, called Monday's action 
by the Court  "a victory for patients' choice of health care."  McConnell 
acted as counsel for the Church of Christ, Scientist, which joined with the 
U.S. government in defending the constitutionality of the accommodations in 
the Medicare statutes for religious nonmedical nursing
care.  McConnell added, "Honoring patient choice is entirely consistent 
with the fundamental structure of the Medicare law."

As a matter of basic fairness, Congress accommodated elder patients who use 
religious, nonmedical methods of healing-and who pay into the Medicare 
system-by allowing them to receive the portion of Medicare benefits which 
covers nonmedical nursing care in a religious nonmedical health care 
institution rather than in a hospital.

Medicare reimbursements are paid directly to these institutions for care 
such as bathing, feeding, and bandaging.  These reimbursements were 
challenged as "special benefits" to Christian Scientists.  However, the 
appeals court held that these services were only "...a subset of those 
services for which they would be reimbursed if they had sought
treatment at a medical institution."  The criteria for eligibility for 
benefits are the same in all cases.

Religious nonmedical health care institutions include Christian Science 
nursing facilities, but those facilities are not owned or operated by the 
Church of Christ, Scientist.  The Church receives no Medicare or Medicaid 
reimbursements or funds of any kind, either directly or indirectly.

Medicare reimbursements are not made to Christian Science practitioners or 
others who provide spiritual treatment through prayer. Only because the 
original accommodation was sect-specific did the court strike it down.  In 
amending the law, Congress addressed that concern by broadening the 
accommodation to apply to all individuals who rely on religious nonmedical 
methods of healing. The Eighth Circuit Court of Appeals found that Congress 
had properly remedied the defect in the earlier statute.

The government's side of the case also was assisted in the Eighth Circuit 
through a "friend-of-the-court" brief filed collectively by the 
Presbyterian Church (USA), the National Council of Churches of Christ in 
the USA, the General Council on Finance and Administration of the United 
Methodist Church, the Christian Legal Society, the Christian Medical and 
Dental Society, and the National Association of Evangelicals.

				#   #   #

INFORMATION
Medicare/Medicaid Lawsuits

Chronology:
*	In 1996 C.H.I.L.D., Inc., brought a case against the 1966
Medicare/Medicaid statute accommodating those who receive Christian Science
nursing care.  A federal court ruled the law unconstitutional because the
law mentioned only one religious group.

*	In response to the court ruling, Congress changed the laws (August
1997) to correct the specific constitutional concern.  The new legislation
provided a new provider category-"religious nonmedical health care
institutions"-to accommodate the spiritual needs of all who "rely upon a
religious method of healing and for whom the acceptance of medical health
services would be inconsistent with their religious beliefs."

*	The day after the new law was signed, another lawsuit was filed by
C.H.I.L.D., Inc., challenging the constitutionality of the new legislation.
A federal District Court in Minnesota upheld the law's constitutionality.

*	An appeal of this decision was filed with the United States Court of
Appeals for the Eighth Circuit.  On May 1, 2000, the Court of Appeals upheld
the constitutionality of Medicare/Medicaid reimbursement of nonmedical
nursing care provided at "religious nonmedical health care institutions."

*	C.H.I.L.D., Inc., then took the step of petitioning the court for a
review of their decision.  In August 2000, the Appeals Court denied the
petition for a rehearing.

*	In late November 2000, C.H.I.L.D., Inc. filed a writ of certiorari
asking the U.S. Supreme Court to review the case.  On April 2, 2001, the
Supreme Court, without comment, turned down C.H.I.L.D., Inc.'s final request
for such a review.

Facts:
*	The First Church of Christ, Scientist, does not receive
reimbursements or funds of any kind, directly or indirectly, from
Medicare/Medicaid.

*	Neither The First Church of Christ, Scientist, nor any of its branch
churches control, own, or operate any Christian Science nursing facilities.

*	Since January 1, 1997, The Commission for Accreditation of Christian
Science Nursing Organizations/Facilities, Inc. has been the accrediting body
for Christian Science nursing facilities.  It is located at 18 Fairview
Road, Canton, MA 02021, and is independent of the Church.  (Prior to 1/1/97,
the Church did accredit those facilities.)

*	The reimbursable services provided by Christian Science nursing
facilities represent only a small portion of the range of services that are
reimbursed in medical facilities and include, for example, bathing, feeding,
ambulatory assistance, bandaging wounds, room and board, and nursing
supplies.

*	According to statistics from the Department of Health and Human
Services, $173.6 billion in Medicare payments are made each year.  Only $8
million of that annual total is paid to Christian Science nursing
facilities.

*	Federal reimbursements do not pay for theological services of any
sort, such as prayer.   Specific Christian Science treatment through prayer
is provided to a patient by an independent Christian Science practitioner,
not by a Christian Science nurse or nursing facility.  Christian Science
practitioner costs are paid directly by the patient (or the patient's
private insurance), not by the facility.  These practitioners are not
employees of The First Church of Christ, Scientist, or of its local branch
churches.

Prepared by: The Office of the Manager, Committees on Publication
The First Church of Christ, Scientist
175 Huntington Avenue
Boston, MA 02115
April 2001