Do No Harm Helps Doctors with Lawsuit against CMS, HHS over Medicare “anti-racism” plans

Jackson, MS, May 5, 2022 – Today, Dr. Amber Colville from Ocean Springs, Mississippi, and Dr. Ralph Alvarado from Winchester, Kentucky, with the support of Do No Harm, filed a civil rights lawsuit against Secretary of Health and Human Services (HHS) Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-Lasure challenging the final rule released by CMS and HHS that enables higher compensation for doctors who adopt an “anti-racism” plan.  Joining the suit are the states of Mississippi, Alabama, Arkansas, Arizona, Kentucky, Louisiana, Missouri and Montana.  

“This is another example of a discriminatory and illegal policy advocated by the likes of Ibram X. Kendi being imposed on our health care system,” said Dr. Stanley Goldfarb, chairman of Do No Harm. “These ‘anti-racism plans’ erode trust in medical professionals and will undermine the health and wellbeing of all patients.”

The lawsuit argues that the new rule violates the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) by encouraging doctors to consider race as the primary factor in care over individualized medical treatment.  

As detailed in the lawsuit, Drs. Colville and Alvardo believe that racial discrimination of any kind has no place in medicine. They oppose the concepts of “anti-racism” and “equity” because they inject race-based decision making into our health care system without any medical justification. The rule penalizes them for refusing to submit one of these plans.

The case is filed in the United States District Court for the Southern District of Mississippi Gulfport Division. Cameron T. Norris Consovoy McCarthy PLLC is lead counsel for this case.  

For more information and future updates about Do No Harm, visit their website at www.donoharmmedicine.org and follow them on Twitter. 

ABOUT DO NO HARM: 

Do No Harm is a non-partisan non-profit rallying physicians and patients to stop a radical, divisive takeover of healthcare. Do No Harm believes in medical fairness, equal access, and individualized treatment for every patient, without exception.