Protecting Access to Spiritual Treatment and Organized Religion Act of 2026
- Sponsor
- Rep. Flood, Mike [R-NE-1]
- Committees
- Ways and Means Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
The PASTOR Act of 2026 aims to guarantee patient access to clergy in healthcare settings, even during emergencies, by requiring Medicare-participating providers to permit such access under specified safety conditions.
What it actually does
This bill amends the Social Security Act to mandate that healthcare providers participating in Medicare (providers of services) must allow a patient's designated clergy member access to that patient upon request, starting January 1, 2028. This requirement applies even if there is an emergency waiver in effect, such as those issued during public health emergencies, provided the clergy member adheres to safety measures and protocols specified by the Secretary of Health and Human Services.
Proponents argue
Proponents argue that this bill protects fundamental religious freedom and ensures that patients, especially those facing serious illness or end-of-life situations, are not denied spiritual comfort and support from their chosen clergy. They contend that the COVID-19 pandemic highlighted a critical gap where visitation restrictions, even if well-intentioned, inadvertently infringed upon patients' religious rights and spiritual well-being, and this bill prevents such restrictions from being universally applied in the future.
Opponents contend
Opponents might raise concerns about the potential operational challenges and public health risks, particularly during future public health emergencies. They may argue that mandating access, even with safety protocols, could strain healthcare resources, complicate infection control measures, and potentially expose vulnerable patients and staff to increased risks, especially if protocols are not rigorously enforced or if the nature of the emergency makes any external visitation problematic.
The bill is very short and can be read quickly, allowing ample time for a thorough evaluation of its implications.
Section 2, amending Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1))
Mandatory Patient Access to Clergy in Healthcare Facilities
This provision requires all healthcare providers that receive Medicare funding to permit a patient's chosen clergy member to visit them. This access must be granted upon the patient's request and will take effect starting January 1, 2028. Crucially, this mandate overrides any emergency waivers, such as those issued during public health crises, though the clergy member must still comply with safety measures and protocols established by the Secretary of Health and Human Services in consultation with providers, states, and religious organizations.
Supporters argue
Supporters argue that this provision is essential for upholding religious freedom and patient autonomy, especially in vulnerable moments. They highlight that spiritual care is an integral part of holistic well-being and that denying access to clergy, even during emergencies, can cause significant distress and violate deeply held beliefs. The inclusion of safety protocols ensures that this right can be exercised responsibly.
Critics contend
Critics may contend that while spiritual care is important, this provision could create significant challenges for healthcare facilities, particularly during severe public health emergencies. They might argue that overriding emergency waivers could compromise the ability of hospitals to maintain strict infection control, manage limited resources, and protect the health of all patients and staff, potentially leading to increased disease transmission or operational chaos.
Tradeoffs
The provision navigates the tension between protecting individual religious freedom and ensuring public health and safety within healthcare environments. It attempts to balance these by mandating access while allowing for the imposition of safety protocols, but the effectiveness of this balance depends heavily on the specifics of those protocols and the nature of future emergencies.