Conservative legal groups are currently examining the previous Biden administration’s emphasis on initiatives related to diversity, equity, and inclusion (DEI).
The MAGA Law Group, America First Legal, has launched a legal action against several federal health agencies to obtain documents concerning the country’s organ transplant system. Their efforts are particularly aimed at the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, and the Office of Health Resources and Services Management, seeking information about the Organ Procurement and Transplant Network (OPTN).
In April 2023, America First Legal submitted a Freedom of Information Act (FOIA) request regarding the Biden administration’s attempts to integrate DEI principles into the organ transplant framework. They claim to have not received the requested information, prompting them to initiate a lawsuit to compel disclosure.
Will Scolinos of America First Legal stated, “The Biden administration has influenced the federal government with ‘equity’ concepts, replacing traditional standards with race-focused guidelines. We’re seeking to clarify the full extent of DEI policies from the Biden era and are dedicated to reinstating a Color-Blind Healthcare system.”
Additionally, a significant revelation highlights that millions of dollars allocated for DEI initiatives, particularly those aimed at LGBTQ programs, have been discovered and eliminated by Governor Noem.
Shortly after taking office in 2021, former President Joe Biden executed Executive Order 13985, which instructed all federal agencies to assess whether “underserved communities and their members” face barriers in accessing federal services. This order mandated the creation of action plans to address these issues.
In line with this directive, in December 2021, CMS sought public input on how institutions could address and reduce disparities in organ transplantation.
At that time, CMS emphasized the need for system-wide improvements to boost organ donations, enhance transplantation processes, and improve healthcare quality for dialysis facilities while advancing equity in organ donation and transplantation. They also noted various health conditions prevalent among communities of color, like hypertension and diabetes, which significantly elevate kidney disease risks.
A few weeks later, HRSA announced it would modify how organ donor race and ethnicity information is reported on the OPTN website, aiming for clearer, more consistent data presentation without altering data collection methods. This announcement coincided with HRSA’s modernization initiative, which focused on enhancing equity across organ donation and transplant systems.
In the ongoing lawsuit, America First Legal has noted a series of delays and inadequate communication following their April 2023 FOIA request. They are now seeking a court order to mandate the release of the requested records, along with an index of withheld information and explanations for any non-disclosure.
“The previous administration’s broader goals—requiring consideration of inherent characteristics like race and ethnicity—should be pertinent to all Americans and aimed at achieving fair healthcare,” Scolinos remarked. “America First Legal is committed to clarifying the extent of Biden-era DEI policies and will persist in pushing for a healthcare system devoid of racial bias.”
As of now, the Department of Health and Human Services has declined to comment on the lawsuit brought forth by America First Legal.
