Arizona’s attorney general has asked the U.S. Department of Health and Human Services (HHS) to make clear that health care providers cannot use race as a factor in determining who can receive COVID-19 treatments. The Food and Drug Administration, an agency inside HHS, recently issued guidance advising health care providers to take race into account when allocating doses of Sotrovimab, a monoclonal antibody treatment. Several states have also recently included race in points-based systems of allocation. Arizona Attorney General Mark Brnovich, a Republican, said that such criteria “are a breach of our Constitution and our belief that every patient deserves the highest quality of care.” Brnovich, who is running for a U.S. Senate seat, on Jan. 31 petitioned HHS to issue a rule barring the issuing of therapeutics on the basis of race or ethnicity. The petition notes that the Centers for Disease Control and Prevention, another HHS office, currently claims that …
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