The U.S. Department of Health and Human Services issued a guidance letter on Thursday to healthcare providers and other entities that receive department funding, clarifying how federal antidiscrimination laws apply to instances of Jew-hatred.
The guidance applies to HHS-funded healthcare settings, medical education and clinical training, research and other covered programs, including hospitals, nursing facilities, medical schools, residency and fellowship programs, research institutions and colleges and universities.
“Jewish and Israeli patients, students and healthcare professionals are entitled to equal access and individualized treatment without discrimination on a protected basis,” Paula Stannard, director of the department’s office for civil rights, stated.
“This letter reminds healthcare entities of this fact and the consequences if they fail to comply with federal civil rights laws,” she said.
The letter states that antisemitic conduct may violate Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act when it involves discrimination based on a protected ground, including actual or perceived Jewish ancestry or ethnic characteristics or Israeli national origin.
Examples include “delaying treatment, imposing additional security or identification requirements or modifying communication or grievance handling because a patient, family member or clinician is or is perceived to be Jewish or Israeli.”
HHS also said covered entities may not deny, delay, downgrade, segregate or otherwise provide different care or services based on Jewish ancestry, ethnic characteristics or Israeli national origin.
The guidance states that harassment or retaliation based on a protected identity may violate federal law. A recipient of HHS funds also may not engage in intentional conduct that creates or fosters a hostile environment or retaliate against someone who reports discrimination or participates in an investigation.
“A recipient that accepts HHS funds must administer its covered programs without intentional discrimination based on race, color or national origin, must not engage in intentional conduct that creates or fosters a hostile environment and must not retaliate against those who invoke the protection of the law,” the letter states.
The letter calls for the International Holocaust Remembrance Alliance’s working definition of Jew-hatred to be considered when determining if conduct is antisemitic.
The guidance also addresses religious nondiscrimination protections governing hospitals, critical access hospitals and long-term care facilities participating in Medicare and Medicaid. Such facilities cannot restrict or deny visitation privileges based on religion.
Examples of potential violations include imposing special screening on visibly Jewish visitors because of their religious affiliation or allowing non-kosher technology to facilitate visitation while denying kosher technology for the same purpose.
HHS-funded health-professions schools and training programs also may not intentionally discriminate based on race, color or national origin in areas including admissions, financial aid, grading, clerkships, patient care, research, conference participation and official ceremonies.
‘Important step’
The American Jewish Medical Association told JNS that the letter is an “important step that healthcare practitioners, medical schools, training programs and other entities that receive HHS funding have a clear understanding of how federal civil rights laws protect Jewish and Israeli patients, healthcare professionals, students and trainees from discrimination rooted in antisemitism.”
“Importantly, the letter provides practical guidance on how antisemitism can manifest in healthcare and medical education, including through discriminatory patient care, harassment, retaliation and unequal access to education, training and other opportunities, and makes clear that institutions have a responsibility to respond appropriately when discrimination occurs,” the association said.
Kenneth L. Marcus, chairman and CEO of the Louis D. Brandeis Center for Human Rights Under Law, stated that the guidance is “an important recognition of the horrific antisemitism that has spread across healthcare settings, putting Jewish patients and medical professionals in extraordinarily difficult circumstances when receiving or giving crucial medical care.”
“Though every form of antisemitism is repugnant, its spread within healthcare settings is particularly enraging because it threatens patients seeking care and professionals working to provide world-class care,” he said. “This strong guidance to combat antisemitism in healthcare is made stronger by the inclusion of the IHRA working definition of antisemitism, and must be met with equally strong enforcement.”
“HHS must now back this guidance with vigorous enforcement, investigate discrimination and hold institutions accountable when they violate civil rights law,” Marcus added.
