Stop Racial Discrimination in Health Care Treatment

Both Senate bill 3590 (AThe Patient Protection and Affordable Care Act") and House Bill 3960 (AAffordable Health Care for America Act" ) do not adequately address the problem of racial discrimination in medical treatment  Racial discrimination in medical treatment is a significant problem.  For instance, Blacks of similar income, education and severity of illness as Whites get different health care treatment.  The Institute of Medicine Report, Unequal Treatment, documented that the difference in medical care is striking and not explainable by differences in illness or in ability to pay.  The hard truth is that across age, gender and income, Blacks, Latinos, Asian Americans, American Indians and other people of color receive unequal medical care when compared to whites.

         The ultimate health care reform bill  must provide for an adequate legal structure that has the potential to eliminate racial discrimination in medical treatment.  The problem with the Senate Bill is  that relies Title VI of the Civil Rights Act of 1964, a law that has over a 40 year history of being ineffective in eliminating racial discrimination in medical treatment.  The problem with the House House Bill, Section 252 is problematic because it departs from known civil rights language without defining the new standard. Both bills fail to correct known problems that can be corrected by:
  
    - Define the coverage to include all health care providers, insurers and third-party payors
   -  Define the "personal characteristics" to include race
   -  Define Prohibited Discrimination to include both intentional and disparate impact
   -  Exempt special measures designed to eliminate health disparities or health care discrimination 
   -  Define "an Aggrieved Person" broadly to include organization
   -  Provide a private right of action on statute and regulations.
   -  Impose Adequate Fines and Regulatory Enforcement.
   -  Allow Prevailing Plaintiff Attorney Fees.
   -  Establish Equality Health Care Council

For more information, http://quickplace.udayton.edu/cerdhc

[1] The United States Commission on Civil Rights, The Health Care Challenge: Acknowledging Disparity, Confronting Discrimination, and Ensuring Equality, The Role of Governmental and Private Health Care Programs and Initiatives, September 1999; The United States Commission on Civil Rights, Acknowledging Disparity, Confronting Discrimination, and Ensuring Equality, Volume II, The Role of Federal Civil Rights Enforcement (1999)

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