117 HR 6463 IH: Medical Equality and Discrimination Stoppage Act U.S. House of Representatives 2022-01-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 6463IN THE HOUSE OF REPRESENTATIVESJanuary 20, 2022Mr. Tiffany introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for equal protection of the law and to prohibit discrimination and preferential treatment on the basis of race, color, or national origin in the administration of programs of the Department of Health and Human Services, and for other purposes.

1.

Short title

This Act may be cited as the Medical Equality and Discrimination Stoppage Act or the MEDS Act.

2.

Anti-discrimination policy

(a)

In general

Notwithstanding any other provision of law, the Secretary of Health and Human Services (or any officer, employee, or other designee of the Secretary) (in this section referred to as the Secretary) shall not—(1)intentionally discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, ethnicity or national origin, in connection with the distribution of, or access to, any monoclonal antibodies, vaccines or any other medical treatment, any contract or subcontract entered into by the Secretary, award made by the Secretary, or any other program or activity carried out by the Secretary; or (2)require, direct, recommend or encourage any entity under a contract or subcontract with the Secretary, or the recipient of a license issued by the Secretary or financial assistance provided under a program administered by the Secretary, to discriminate intentionally against, or grant a preference to, any person or group based in whole or in part on race, color, ethnicity or national origin, in connection with such a contract, subcontract, license, or financial assistance.(b)

States, territories, and private entities

A State, territory, or private entity that receives financial assistance through any program administered by the Secretary shall not, as a condition of receiving such assistance, discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, ethnicity or national origin in connection with any grant, activity, project, contract (or subcontract) carried out using such funds, including the salaries and expenses of any employees paid using such funds.(c)

Civil action

(1)

In general

Any person who is aggrieved by conduct prohibited by subsection (a) or (b), may commence a civil action in the appropriate district court of the United States to obtain appropriate relief, against Secretary or a State, territory, or private entity referred to in subsection (a) or (b).(2)

Damages

A prevailing plaintiff in a civil action under paragraph (1) may recover reasonable attorney’s fees.(3)

Effect on other law

The remedies available to a plaintiff pursuant to a civil action under paragraph (1) shall not affect any remedy available to such a plaintiff under any other State or Federal law.