- Potential benefitEnsures patients can receive in-person spiritual support even during declared emergencies.
- Potential benefitMay improve patient well-being and satisfaction through timely pastoral or spiritual care.
- Potential benefitAffirms religious accommodation rights within Medicare-participating facilities.
Protecting Access to Spiritual Treatment and Organized Religion Act of 2026
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for c…
Amends Social Security Act section 1866(a)(1) to require that, beginning January 1, 2028, health care providers allow a patient-designated member of the clergy access to that patient upon request. This access must be allowed even when section 1135 waivers are in place, but the clergy must comply with safety measures and protocols set by the Secretary in consultation with providers, States, and religious organizations.
Whether overriding section 1135 waivers jeopardizes public health
Relative to its intended legislative type, this bill is a focused substantive policy change that amends a specific provision of the Social Security Act to require providers to permit patient-designated clergy access and to limit the effect of section 1135 waivers.
Amends Social Security Act section 1866(a)(1) to require that, beginning January 1, 2028, health care providers allow a patient-designated member of the clergy access to that patient upon request.
This access must be allowed even when section 1135 waivers are in place, but the clergy must comply with safety measures and protocols set by the Secretary in consultation with providers, States, and religious organizations.
Modest, administratively feasible change with bipartisan appeal but risks from public-health concerns and Senate procedural barriers.
Relative to its intended legislative type, this bill is a focused substantive policy change that amends a specific provision of the Social Security Act to require providers to permit patient-designated clergy access and to limit the effect of section 1135 waivers. It specifies an effective date and delegates safety protocol detail to the Secretary.
Whether overriding section 1135 waivers jeopardizes public health
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenCould undermine public health emergency infection-control measures by creating additional in-person visits.
- Potential burdenImposes administrative compliance tasks on providers to verify clergy adherence to protocols.
- Potential burdenMay increase provider liability or exposure risk if visits lead to infections or incidents.
Why the argument around this bill splits.
Whether overriding section 1135 waivers jeopardizes public health
Likely supportive of accommodating patients' spiritual needs but cautious about public-health and civil-rights implications.
Concerned that overriding section 1135 waivers could undermine infection-control flexibility during emergencies and that the bill lacks explicit protections against proselytizing or coercion.
Generally favorable to enabling clergy access because it supports patient choice and continuity of care, but wants clearer operational rules.
Will look for safeguards that preserve infection-control flexibility and limit administrative burden on providers.
Strongly supportive: seen as restoring and protecting religious liberty and patients' rights to pastoral access, including during emergencies.
Views the requirement as correcting policies that barred clergy access in past crises.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Modest, administratively feasible change with bipartisan appeal but risks from public-health concerns and Senate procedural barriers.
- Definition and vetting of "member of clergy"
- Interaction with HIPAA and patient privacy rules
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Whether overriding section 1135 waivers jeopardizes public health
Modest, administratively feasible change with bipartisan appeal but risks from public-health concerns and Senate procedural barriers.
Relative to its intended legislative type, this bill is a focused substantive policy change that amends a specific provision of the Social Security Act to require providers to permit patient-designated clergy access and…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.