NY to Ration Covid Care Based on Race
Governor Hochul embraces systemic racism
Fresh off her move to declare racism a public health crisis, Governor Kathy Hochul has moved to implement a system of government sponsored racism in the provision of healthcare for Covid 19. The Health Department policy which runs in tandem with the declaration, prioritizes therapeutic Covid 19 treatment involving monoclonal antibodies and oral antivirals based on race and ethnicity. The series of bills which according to her December 23rd press announcement seek to "address discrimination and racial injustice" actually promote the very conduct she is claiming to eradicate.
The focus of the state's foray into state sponsored bigotry is the operative word, "equity". The press release states, "For far too long, communities of color in New York have been held back by systemic racism and inequitable treatment," Governor Hochul said. "I am proud to sign legislation that addresses this crisis head-on, addressing racism, expanding equity and improving access for all." The formal Health Department policy entitled, "Prioritization of Anti-SARS-CoV-2 Monoclonal Antibodies and Oral Antivirals for the Treatment of COVID-19 During Times of Resource Limitations" lays out guidelines for who would be eligible for treatment.
The policy lists five specific risk groups; 1A-Any age with moderate to severe immunocompromise regardless of vaccine status or age 65 and older and not fully vaccinated with at least one risk factor for severe illness, 1B-2A Under 65 years of age and not fully vaccinated with two or more risk factors for severe illness or over 65 and not fully vaccinated (no risk factors), 1C-Under 65 years of age and not fully vaccinated with at least one risk factor for severe illness, 1D-Over age 65 and fully vaccinated with at least one risk factor for severe illness, and 1E-Under 65 years of age and fully vaccinated with at least one risk factor for severe illness or age 65 and older and not fully vaccinated with no risk factors. The policy then recommends that race and ethnicity in of itself be considered an additional risk factor when deciding who gets treatment, "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 Health Department of the City of New York is also following the state's guidelines to use race and ethnicity as risk factors when deciding the medical necessity of treatment. Under the NYC Health webpage, Covid 19 Providers Treatment page at outpatient therapies, the following guideline is found under both the Monoclonal Antibodies Eligibility tab and the Oral Antiviral Eligibility tab, "Consider race and ethnicity when assessing individual risk, as longstanding systemic health and social inequities may contribute to an increased risk of getting sick and dying from COVID-19." Thus if two patients have similar risk factors, the ultimate decision as to who receives medical treatment will be based on one's race or ethnicity. Now for those who would scoff at objections to the policy claiming no one was actually denied treatment based on race or ethnicity, NYC has already admitted to using race to distribute Covid testing in Staten Island.
The constitution of New York forbids racial and ethnic discrimination as does the 14th Amendment's prohibition against unequal protection under the law. While the word equity may sound reasonable, the principal of equity runs afoul of the law. The NYC Health Department website goes on to state that "racial equity does not mean simply treating everyone equally, but rather, allocating resources and services in such a way that explicitly addresses barriers imposed by structural racism (i.e. policies and institutional practices that perpetuate racial inequity) and White privilege." That is the total opposite of equal opportunity and equal protection under the law.
By enacting a mechanism for a racial spoils system, i.e. promoting equity, government decision makers can apply any arbitrary standard for whom it wishes to provide or deny medical treatment. It will lead to the creation of two classes of citizens, one favored with the power of government and the other targeted and or disfavored by government. Americans already know how that turned out. The time has come for all Americans to repudiate bigotry and the push to enable systemic racism by government. Its not only illegal and immoral, it can become a matter of life or death. We urge the U.S. Department of Justice, Civil Rights Division to launch an investigation into the matter.