Federal complaint alleges New York’s antiviral, antibody directive is discriminatory
The Times Union reports
ALBANY — A Cornell Law School professor has filed a federal lawsuit challenging the constitutionality of the state health department’s recent directive requiring medical providers to prioritize “non-whites” and Hispanic individuals in the distribution of potentially life-saving COVID-19 treatments.
Gov. Kathy Hochul’s administration announced the directive in late December, in a memorandum that stated: “Non-white race or Hispanic/Latino ethnicity should be considered a risk factor, as longstanding systemic health and social inequities have contributed to an increased risk of severe illness and death from COVID-19.”
The treatments previously had to be administered in hospitals intravenously or through injections. But the U.S. Food and Drug Administration in December gave emergency approval for the drugs to be taken orally. Still, health officials have said supply-chain issues have inhibited the wide use of the drugs, including monoclonal antibody treatments, that are dispensed by the federal government.
The federal lawsuit was filed in U.S. District Court in Albany by William A. Jacobson, a clinical professor of law and director of the Securities Law Clinic at Cornell. His federal complaint argues the policy directive for the antiviral and monoclonal antibody treatments, which have been in short supply but can be used to lessen the risk of severe health complications from COVID-19, is “patently unconstitutional” because it uses racial preferences in determining whether someone qualifies to receive them.
“Using a patient’s skin color or ethnicity as a basis for deciding who should receive lifesaving medical treatment is appalling,” states the lawsuit, which was filed against acting state Health Commissioner Mary T. Bassett. “And directing medical professionals to award or deny medical care based on immutable characteristics such as skin color, without regard to the actual health condition of the individual who is seeking these antiviral treatments, is nothing more than an attempt to establish a racial hierarchy in the provision of life-saving medicine.”
Read the full article at https://www.timesunion.com/state/article/Cornell-law-professor-files-challenge-of-New-16782309.php
