CHILDREN'S HEALTH. IS A LEGAL DUTY v. MIN DE PARLE

No. 98-3521.

212 F.3d 1084 (2000)

CHILDREN'S HEALTHCARE IS A LEGAL DUTY, INCORPORATED, a corporation under the laws of Iowa; Bruce Bostrom; Steven Petersen, Plaintiffs/Appellants, v. Nancy-Ann MIN DE PARLE, in her official capacity as Director of Health Care Finance Administration, an agency of the United States; Donna Shalala, in her official capacity as Secretary of the United States Department of Health and Human Services, an agency of the United States, Defendants/Appellees, First Church of Christ, Scientist, in Boston, Massachusetts, Intervenor Defendant/Appellee. American Academy of Pediatrics; The American Medical Association; The American Nurses Association; Iowa Medical Society; Minnesota Civil Liberties Union; The American Humanist Association; Americans for Religious Liberty; Council for Secular Humanism, Amici on behalf of Appellant, Senator Edward M. Kennedy, Amicus on Behalf of Appellee, Christian Legal Society; National Council of Churches of Christ in the USA; Christian Medical and Dental Society; The National Association of Evangelicals; General Council on Finance and Administration of the United Methodist Church; Presbyterian Church, (U.S.A.), Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2000.


Attorney(s) appearing for the Case

Robert J. Bruno, Burnsville, MN, argued, for appellants Steven Petersen, Bruce Bostrom and Children's Healthcare.

Lowell V. Sturgill, Jr., Washington DC, argued (Frank W. Hunger, David L. Lillehaug, Michael J. Singer, Lawrence J. Harder, on the brief), for appellees.

Leonard A. Nelson, Chicago, IL, argued (Cynthia L. Kulkarni, Stephan E. Lawton, David G. Leitch, Christopher S. Yoo, on the brief), for amici Iowa Medical Society, American Nurses, American Medical and American Academy.

Michael W. McConnell, Chicago, IL, argued (Stephen M. Shapiro, Kenneth S. Geller, Steffen N. Johnson, Terence J. Fleming, Ansis V. Viksnins, on the brief), for defendant First Church of Christ.

Before WOLLMAN, Chief Judge, LAY and LOKEN, Circuit Judges.


WOLLMAN, Chief Judge.

Section 4454 of the Balanced Budget Act of 1997 creates exceptions to the Medicare and Medicaid Acts for persons who have religious objections to the receipt of medical care. These exceptions enable such individuals to receive government assistance for nonmedical care that they receive in facilities that, for religious reasons, administer only nonmedical services. Appellants Bruce Bostrom, Steven Peterson, and Children's Healthcare is a Legal...

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