Texas health system faces racial discrimination civil rights complaint

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(The Center Square) – Medical group Do No Harm filed a federal civil rights complaint against a Texas healthcare system for using “racially discriminatory criteria” when selecting its vendors, some stipulations being that a vendor must be minority- or woman-owned.

Do No Harm’s medical director Kurt Miceli told The Center Square: “By using racially discriminatory criteria to select vendors, JPS Health Network is depriving well-deserving businesses of a fair opportunity to contract with the health system.”

“Such unjust criteria damage the integrity of the medical field and promote a culture of mediocrity in this critical industry,” Miceli said.

Miceli said that “merit and expertise should be prioritized at every level of healthcare – whether it's doctors, fellowships, students, or vendors.”’

JPS Health Network – also known as The Tarrant County Hospital District – possesses “a 582-bed hospital, more than 25 community-based clinics, and a team of over 7,200 professionals,” according to its website.

A Do No Harm press release stated that JPS Health Network “solicits proposals from vendors offering consulting services.” 

To satisfy the criteria, JPS vendors must “be a minority, woman, or veteran-owned business enterprise (MWVBE) or demonstrate ‘efforts’ to subcontract with such businesses,” the release said. 

“Once selected, JPS continues to assess the vendor’s minority participation and may exclude the vendor from future contract opportunities if it fails to meet the criteria at any point,” according to the release.

Do No Harm said that since JPS is federally funded, its vendor criteria is in violation of Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act, “which prohibit racial discrimination by healthcare providers receiving federal funds.” 

When reached, JPS told The Center Square: “JPS Health Network is aware of the referenced complaint, and we are continuing to review the matter.”

“As the allegations are unverified, we will not comment on the specifics other than to say, we believe our policies to be consistent and aligned with those of Tarrant County which encourages participation by small and historically underutilized businesses,” JPS said.

The civil rights complaint was filed with the Department of Health and Human Services (HHS) Office for Civil Rights. 

When reached for comment, HHS press secretary Emily Hilliard told The Center Square “HHS cannot comment on potential or ongoing investigations.” 

Do No Harm’s Miceli told The Center Square that “rooting out identity politics from any system, including healthcare, requires focusing on merit, evidence-based practices, and equal treatment under the law.”

“Medical institutions that promote harmful ideologies in medicine must be systematically exposed,” Miceli said.

“As seen in recent months, medical systems will correct course in response to public pressure. Sometimes, more assertive actions are needed to eliminate identity politics – such as lawsuits, complaints, and investigations,” Miceli said.

“Do No Harm remains committed to prioritizing patients over politics,” Miceli told The Center Square.