Section 1 Short title
This Act may be cited as the “Medical Equality and Discrimination Stoppage Act” or the “MEDS Act”.
Medical Equality and Discrimination Stoppage Act
A BILL
To 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.
Sec. 2 Anti-discrimination policy
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—
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
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.
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.
Civil action—
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).
Damages— A prevailing plaintiff in a civil action under paragraph (1) may recover reasonable attorney’s fees.
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.