HHS Launches Civil Rights Probe into Kaiser Permanente for Allegedly Prioritizing Black Patients

The Department of Health and Human Services is investigating Kaiser Permanente for allegedly violating anti-discrimination law with its Center for Black Health and Wellness.

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Earlier this year, Do No Harm, a conservative medical civil rights group opposed to DEI and gender ideology, filed a complaint against the health care group, which alleged that the Portland, Oregon, center’s branding implied that non-black patients were unwelcome to access services there. HHS’s Office for Civil Rights confirmed to Do No Harm last week that it was opening an investigation into Kaiser in a letter obtained by National Review.

The department’s investigation is the latest move by President Donald Trump’s administration and conservative groups to use anti-discrimination law to combat DEI in American institutions. Trump on his second day in office signed an executive order to that end.

Do No Harm’s original complaint alleged that, in addition to giving the impression that the center was exclusively meant for black patients, it engaged in race-based hiring and employment decisions because of its stated effort to create better health outcomes for black patients by matching them with black physicians. Such practices violate Title VI of the Civil Rights Act, which prohibits racial discrimination by organizations that, like Kaiser, receive federal funds, and Section 1557 of the Affordable Care Act, which prohibits racial discrimination in health care, according to the complaint.

“Far too many healthcare organizations today operate racially discriminatory programs under the debunked theory of racial concordance, which falsely claims patient care is better when provided by a doctor of the same race,” Do No Harm chief medical officer Dr. Kurt Miceli said in a statement to NR. “Separating patient care based on race, as well as engaging in race-based hiring, is both immoral and illegal.”

In response to the complaint, Kaiser has emphasized that all its patients are welcome at the center.

“The Center for Black Health and Wellness is open to all Kaiser Permanente members and welcomes and regularly treats patients of every race and ethnicity,” Kaiser told NR when Do No Harm first filed its complaint in March. “It was established in response to research showing that Black Americans face higher rates of chronic conditions, lower screening rates, and worse maternal and infant health outcomes. The center provides preventative and culturally informed care to help address these disparities while serving anyone with similar health risks.”

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A disclaimer on the center’s webpage notes that patients “of any race or ethnicity may choose to seek care at the Center for Black Health and Wellness or at any other location they choose.” However, that disclaimer was added at least a month after Do No Harm filed its March complaint with HHS. Despite the update to the webpage, Miceli told The Center Square at the time that the change “does not solve the underlying racial discrimination identified in our complaint.”

Kaiser did not respond to a request for comment regarding HHS’s opening of the probe.

Also in March, Do No Harm leveled a complaint against CommUnityCare, a Texas-based health group that operates a clinic within the Black Men’s Health Clinic in Austin, which is meant to “address the longtime healthcare gap for men of color.” That complaint was based on similar allegations to the ones Do No Harm made against Kaiser.

In response to the complaint, HHS’s Office for Civil Rights has also launched an investigation into CommUnityCare, according to another letter the department sent to Do No Harm last week, which was also obtained by NR.

“Our attorneys are currently reviewing questions raised by the Office for Civil Rights, and we are unable to comment on the ongoing investigation other than we don’t believe we have violated any laws, rules, or regulations,” CommUnityCare’s communications department told NR in a statement. The Black Men’s Health Clinic did not respond to a request for comment.

An HHS official told NR that the department’s office for civil rights generally does not comment on open or potential investigations.

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