wfn.org | Court denies federal payments for Christian Science care.

[Bornm@compub.org]

Date: 09 Aug 10:25
To: Recipients of wfn-news<wfn-news@igc.apc.org>

Boston -On Wednesday (August 7), the United States District Court for the
District of 
Minnesota entered a judgment declaring unconstitutional certain provisions of
federal Medicare and Medicaid legislation authorizing reimbursement of
expenses incurred at Christian Science nursing facilities.  For thirty years,
these governmental health insurance programs have permitted reimbursement of
expenses for room and board, supplies, and basic non-medical nursing services
incurred at those facilities by seriously ill or injured Christian
Scientists.

	The "taxpayers" lawsuit, filed in January of this year by CHILD ("Children's
Healthcare is a Legal Duty, Inc.")  named as defendants the Administrator of
the Health Care Financing Administration (Bruce Vladeck) and the Secretary of
the Department of Health and Human Services (Donna Shalala).  In April the
court allowed The First Church of Christ, Scientist (The Mother Church) to
join the suit as a defendant.  The plaintiffs argue that using federal funds
to reimburse Christian Science nursing  "violates the First Amendment's
prohibition on the establishment of religion."
(more)

	The Mother Church agrees with the position maintained by the United States
Department of Justice representing the government, which contended that these
laws are fully consistent with applicable constitutional requirements.
Acknowledging Congress's "laudable purpose" behind the laws that were
challenged, the U.S. District Court nevertheless held that by singling out
Christian Science by name, the laws were too "sect-specific."

	In view of the certainty of an appeal, the U.S. District Court stayed its
judgment, thereby ensuring that governmental reimbursement under these
programs will continue without interruption or interference while the matter
is considered by the United States Court of Appeals.  The Mother Church
participated in the court proceedings and intends to vigorously defend these
laws in the United States Court of Appeals.

	Church spokesman Victor Westberg noted that the District Court specifically
said that "legislative accommodation of religious beliefs is a valuable and
worthy enterprise...."  However, he expressed concern that if accommodation
is not permitted here, this will impose a burden on the free exercise of
religion by the adherents of Christian Science.
	Westberg said it would be the height of unfairness if now-after Christian
Scientists have for many years paid part of their wages into these
governmental programs-they should suddenly find themselves deprived of the
benefits of these programs.
		

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