HHS stands against antisemitism in health care

Jewish patients and health care professionals could benefit from new federal guidance outlining protections against antisemitic discrimination in federally funded health care programs.

The guidance, issued Sept. 3, covers health care settings as well as medical education, clinical training, research and other programs receiving HHS funding. HHS said antisemitic conduct may violate federal law when the facts establish discrimination based on a protected ground, including actual or perceived Jewish ancestry or ethnic characteristics or Israeli national origin.

The guidance addresses patient and resident care, stating that covered entities may not deny, delay, downgrade, segregate or otherwise provide different care or services because of a person’s actual or perceived Jewish ancestry or ethnic characteristics, Israeli national origin or another protected ground. It also addresses harassment and retaliation.

The HHS action relies primarily on Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act.

Several Jewish advocacy organizations welcomed the HHS move.

The groups — Hadassah, ADL, American Jewish Medical Association, Louis D. Brandeis Center for Human Rights Under Law, StandWithUs, Center for Combating Antisemitism and Jewish Federations of North America — issued the following statement:

“Jewish and Israeli patients must be able to seek medical care without fearing that their identity will affect the treatment they receive. Jewish medical students, trainees, researchers and healthcare professionals likewise deserve to learn, work and care for patients free from unlawful discrimination, harassment and retaliation. And indeed, all patients deserve care in an environment where healthcare professionals can focus entirely on their wellbeing, without the distraction, disruption and corrosive effects of bias and hostility in the workplace.

“Antisemitism is too often misunderstood, misidentified or inadequately addressed in healthcare settings and beyond. That is why we have consistently urged hospitals and healthcare institutions to explicitly recognize antisemitism in their nondiscrimination policies, establish accessible and trusted systems for reporting incidents, ensure complaints are taken seriously and investigated appropriately, and provide meaningful education about antisemitism and Jewish identity.

“Today’s guidance is an important step toward reinforcing those responsibilities. We appreciate HHS OCR making clear that federal civil rights protections extend to discrimination based on actual or perceived Jewish ancestry or ethnic characteristics and Israeli national origin – and that these protections apply across healthcare settings, medical education, clinical training and other covered programs.

“No one should face discrimination when seeking care, providing care or pursuing a career in medicine. We welcome HHS’s actions and encourage healthcare institutions across the country to ensure that their policies and practices provide Jewish and Israeli patients, students and professionals the equal protection and inclusion they deserve.”

“It’s 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,” said Kenneth L. Marcus, chair and chief executive of the Louis D. Brandeis Center for Human Rights Under Law. “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.”

Marcus said enforcement will be critical.

“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 act to ensure that federally funded providers do not discriminate or deny care to Jewish or Israeli patients; blacklist or ostracize medical professionals that are Jewish or Israeli,” he said.