Equal Access to Therapeutics Act

Equal Access to Therapeutics Act

This bill prohibits using race or ethnicity as a factor in decisions about an individual's access to COVID-19 treatments (e.g., monoclonal antibody therapies).

Specifically, the Department of Health and Human Services (HHS) may not adopt any policy or guidance that allows race or ethnicity to be factored into such decisions. Furthermore, the Secretary of HHS shall be personally liable for the death of any individual who is denied access to COVID-19 treatments pursuant to a prohibited policy or guidance.

The bill also prohibits hospitals or other health care providers that have policies restricting access to COVID-19 treatments based on race or ethnicity from receiving federal funds.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6625 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6625

  To prohibit the Secretary of Health and Human Services from issuing 
 guidance intended to restrict access to COVID-19 monoclonal antibody 
                    therapies and other treatments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2022

    Mr. Rodney Davis of Illinois (for himself, Ms. Malliotakis, Mr. 
  Garbarino, Mr. Graves of Missouri, Ms. Van Duyne, Mr. Feenstra, Mr. 
    Lamborn, Mrs. Cammack, Mr. Bost, and Ms. Tenney) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit the Secretary of Health and Human Services from issuing 
 guidance intended to restrict access to COVID-19 monoclonal antibody 
                    therapies and other treatments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Therapeutics Act''.

SEC. 2. PROHIBITION ON RESTRICTIONS ON DIRECT ACCESS TO COVID-19 
              MONOCLONAL ANTIBODY THERAPIES.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Health and Human Services may not issue, implement, or 
continue in effect any policy or guidance intended to base any 
determination on whether an individual may access COVID-19 monoclonal 
antibody therapies and other COVID-19 treatments on the race or 
ethnicity of such individual.
    (b) Penalties.--The Secretary of Health and Human Services shall be 
held personally liable for the death of any individual who is denied 
access to COVID-19 monoclonal antibody therapies and other treatments 
pursuant to any policy or guidance prohibited under subsection (a).

SEC. 3. PROHIBITION ON FEDERAL FUNDING TO HOSPITALS AND HEALTH CARE 
              PROVIDERS WHO RESTRICT ACCESS TO COVID-19 MONOCLONAL 
              ANTIBODY THERAPIES.

    No Federal funds may be disbursed to any hospital or other health 
care provider that has in effect a policy that restricts access by 
individuals to COVID-19 monoclonal antibody therapies and other COVID-
19 treatments based on the race or ethnicity of such individuals.
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