Mississippi et. al v. Kennedy et al.

In 2022, Dr. Colville, a Do No Harm Visiting Fellow, and a group of states sued the federal government, challenging a Biden-era Centers for Medicare and Medicaid Services (CMS) regulation that offered higher federal payments to physicians who advance racial equity through “anti-racism” plans. Aimed at treating broad societal disparities regardless of their cause, the “anti-racism” rule encouraged doctors to use race as a primary factor in care over individualized medical treatment.

The lawsuit argued that CMS’s adoption of the “anti-racism” rule unlawfully exceeded the agency’s permissible authority under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA).

On November 5, 2025, CMS published a new final rule removing the challenged racial equity provisions and resolving the need for any further litigation on the matter.

Additional Case Documents available at: State of Mississippi v. Kennedy, 1:22-cv-00113 – CourtListener.com