Utah, Minnesota face legal threats for using race to determine COVID treatment eligibility

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FIRST ON FOX: The health departments in Utah and Minnesota are facing potential lawsuits after they issued guidance using race and ethnicity as factors in prioritizing distribution of coronavirus treatments.

Letters sent Wednesday by America First Legal (AFL) allege that both states violated federal law through “blatant discrimination.”

Utah has published a scoring system by which it determines patients’ “risk” and eligibility for treatments. At the top of the list is “male,” “age” and “Non-White race or Hispanic/Latinx ethnicity.” Most of the various risk factors – including “other high-risk comorbidities” – receive one point while the racial/ethnic category receives two, the same amount designated for “highest-risk comorbidities” like diabetes, obesity and being severely immunocompromised. 

Criteria for determining individuals’ risk and eligibility for coronavirus treatment in Utah. (Utah.gov)

Age plays a considerable role as individuals are assigned 0.5 points for every decade they’ve been alive.

NEW YORK’S RACIALIZED CORONAVIRUS PRIORITIES ARE ILLEGAL AND WARRANT DOJ INVESTIGATION, CRITICS SAY

A health care worker attaches an IV infusion to a patient’s hand during a monoclonal antibody treatment in the parking lot at Wayne Health Detroit Mack Health Center in Detroit, Michigan, Dec. 23, 2021. (Emily

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