Conservative watchdog sues feds for concealing Biden-era docs on race-based organ transplant rules

America First Legal (AFL) filed a lawsuit Tuesday against three federal agencies, alleging they failed to honor information requests on discriminatory practices in the national organ transplantation system during the Biden administration.

The organization is suing the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), and the Health Resources and Services Administration (HRSA) for internal documents concerning the infusion of “equity” in the Organ Procurement and Transplantation Network (OPTN), according to the lawsuit. President Biden signed an executive order on Jan. 20, 2021, centered around discovering “the enormous human costs of systemic racism, persistent poverty, and other disparities” in federal agencies and programs.

“The Biden Administration infected the federal government with ‘equity,’ replacing traditional principles of fairness and need with race-conscious criteria,” AFL Legal Counsel Will Scolinos said in a press release. “AFL is determined to uncover the complete scope of Biden-era DEI policies and will continue to take decisive actions to restore colorblind healthcare.”

AFL submitted its Freedom of Information Act (FOIA) request on April 3, 2023, to all three agencies. Within three days, the AFL received responses from all three agencies communicating that they had received the request, according to the lawsuit. Despite some small further communication with the agencies, the AFL has not received any of the requested documentation. (RELATED: Virginia School Expelled Jewish Siblings After Parents Blew Whistle On Classroom Antisemitism, Lawsuit Alleges)

FOIA, enacted by Congress in 1966, requires all federal agencies to release internal and unreleased documents when requested. Agencies typically take approximately 20 business days to respond to requests.

In compliance with Biden’s day-one executive order, CMS and HHS published a press release on Dec. 1, 2021, seeking public input on organ transplants and equity. The press release notes that “communities of color have much higher rates of high blood pressure, diabetes, obesity, and heart disease, all of which increase the risk for kidney disease.”

“Organ donation is a precious gift, and we owe it to recipients, donors, and those awaiting organs, and their loved ones, to ensure our transplantation system is safe, efficient, and equitable,” CMS Administrator Chiquita Brooks-LaSure said in the press release. “We are seeking input on ways to improve organ donation and transplantation and are committed to engaging all stakeholders throughout our policy development process. This effort is extremely important for supporting organ transplants for communities of color, individuals with disabilities, and other historically underserved populations.”

CMS is working with @HRSAgov to lead The Organ Transplantation Affinity Group and make the organ transplant system safe and equitable. Learn more in this latest blog post: https://t.co/8TBpLsNaFQ pic.twitter.com/C4LWTiLI2a

— CMSGov (@CMSGov) November 14, 2024

On Jan. 27, 2022, the HRSA published a report announcing race and ethnicity changes to the OPTN data and report products. Two months later, the HRSA published a press release announcing its new “Modernization Initiative” of the OPTN.

“This announcement also includes a plan to strengthen accountability, equity, and performance in the organ donation and transplantation system,” the press release says. “This initiative plan will specifically focus on the five key areas: technology, state transparency, governance, operations, and quality improvement and innovation.”

The lawsuit is part of a larger AFL initiative seeking to expose Diversity, Equity, and Inclusion in medicine. The organization notched a victory in March after the Texas Tech University Health Sciences Center settled with the AFL over allegations that the school’s admission practices were racially discriminatory.