Malliotakis, Davis, Garbarino Introduce Bill to Bar Racial & Ethnic Discrimination in COVID-19 Treatment Access

(WASHINGTON, DC) - Yesterday Congresswoman Nicole Malliotakis (NY-11), along with Congressmen Rodney Davis (IL-13), and Andrew Garbarino (NY-02), introduced the Equal Access to Therapeutics Act, legislation that requires the federal government to ensure the equitable distribution of COVID-19 therapeutic treatments.

This bill comes in response to several states, including New York City and State, implementing guidance and scoring systems that make eligibility for COVID-19 monoclonal antibody treatments and therapeutics based on the race or ethnicity of a patient.

Additionally, FDA has issued guidance regarding Sotrovimab, a treatment for mild-to-moderate COVID-19, alluding to race and ethnicity as a risk factor for severe progression, and therefore contributing to eligibility for use of the treatments which contributed to the guidance issued by some states and hospitals.

“New York City and State’s decision to allocate therapeutic treatments by race rather than an individual’s medical condition is wrong,” said Rep. Malliotakis. “Allocation and administration of these life-saving treatments should be based solely on an individual’s health need. I’m proud to join Congressman Davis and my colleagues in introducing legislation that would require the federal government to ensure states are distributing these treatments in an equitable manner.”

“Life-saving care should not be denied to anyone because of their race or ethnicity, period,” said Rep. Davis. “This legislation will make sure that everyone has access to the COVID-19 treatments they need regardless of race or ethnicity. Discrimination is wrong and political and healthcare leaders have a responsibility to put a stop to this disturbing trend.”

“It’s outrageous that, under federal guidelines, a doctor would be forced to take into account a person’s skin color when deciding whether to administer or withhold potentially lifesaving treatment,” said Rep. Garbarino. “The only thing that should be factored into the distribution of medical treatment is a person’s medical condition and the likelihood of the treatment to improve that condition. This bill would put a stop to this government-sponsored discrimination and ensure that all patients, regardless of race, are treated equally.”

More specifically, the Equal Access to Therapeutics Act:

• Restricts the Secretary of Health and Human Services (HHS) from issuing, implementing, or continuing to have in effect any guidance intended to restrict access to COVID-19 monoclonal antibody therapies and other treatments based on the race or ethnicity of a patient.
• Holds the Secretary of HHS personally liable for the death of any individual who is denied access to the treatments based on race or ethnicity. 
• Prohibits federal funding to hospitals and healthcare providers who restrict access to these treatments based on race or ethnicity. 

Additional cosponsors: Mike Bost (IL-12), Kat Cammack (FL-3), Sam Graves (MO-6), Beth Van Duyne (TX-24), Randy Feenstra (IA-4), Doug Lamborn (CO-5), Claudia Tenney (NY-22).

Text of the legislation can be found here.