Health Department Requires Healthcare Providers to Discriminate Based on Race When Providing COVID Treatment

The New York State Department of Health (NYS DOH) is requiring healthcare providers to prioritize non-white patients when administering oral antiviral treatment for COVID-19.

The department issued a health advisory notice Monday announcing that the Food and Drug Administration (FDA) approved paxlovid and molnupiravir as oral antiviral treatments for the coronavirus, and it provided the eligibility criteria for receiving the drugs.

The criteria state that the drugs are authorized for patients who meet all of the stated criteria, which include patients who “have a medical condition or other factors that increase their risk for severe COVID-19 illness.”

The notice ordered providers to adhere to the department’s COVID-19 guidance for prioritizing anti-COVID-19 antivirals as well as monoclonal antibody treatment products. This guidance explicitly lists non-white ethnicity as a risk factor, and it instructs providers to prioritize non-white people when administering treatment.

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