Legal Implications of Discrimination in Medical Practice

See Barnes M. Weiner E. , “Evidence of Race-Based Discrimination Triggers New Legal and Ethical Scrutiny,” Health Law Reporter (Bureau of National Affairs) 8 (1999): 1984.

42 U.S.C. § 2000d.

See Schulman K.A. , “The Effect of Race and Sex on Physicians' Recommendations for Cardiac Catheterization,” N Engl J Med 340 (1999): 618, (indicating that some combination of race and gender of patients affects the way physicians treat them); Ayanian J.Z. , “The Effect of Patients' Preferences on Racial Differences in Access to Renal Transplantation,” N Engl J Med 341 (1999): 1661, (indicating that although the inclinations of end-stage renal disease patients regarding renal transplantations differ with race, differences in access to transplantations go beyond these different inclinations); Bach P.B. , “Racial Differences in the Treatment of Early-Stage Lung Cancer,” N Engl J Med 341 (1999): 1198, (indicating that lower survival rates among African-American patients with early-stage, non-small-cell lung cancer is due to the lower rate of surgical treatment among African-Americans even though post-surgery success rates are similar between African-Americans and Caucasians); Dries D.L. , “Racial Differences in the Outcome of Left Ventricular Dysfunction,” N Engl J Med 340 (1999): 609, (indicating that African-Americans with mild-to-moderate left ventricular systolic dysfunction appear to be at higher risk for progression of heart failure and death than similarly treated Caucasians).

Schulman , supra note 3, at 618.

Schwartz L.M. , “Misunderstandings About the Effects of Race and Sex on Physicians' Referrals for Cardiac Catheretization,” N Engl J Med 341 (1999): 279, (explaining that the Schulman study only showed that African-American women had lower rates of referral, but not that African-Americans alone, or women alone had lower rates).

Ayanian , supra note 3, at 1661.

Bach , supra note 3, at 1198.

Dries , supra note 3, at 609.

Bach , supra note 3, at 1204; Dries , supra note 3, at 616.

42 U.S.C. § 2000d.

Barnes , supra note 1, at 1984.

U.S. v. Baylor Univ. Med. Ctr., 736 F.2d 1039, 1042 (5^th Cir. 1984).

The meaning of “program” is more limited under the regulations than under Title VI. As used in the regulations it refers only to the specific activities receiving the funding. With respect to Title VI the term has been statutorily extended and applies to the recipient of funding on an institution-wide basis. 42 U.S.C. § 2000d-4a. Therefore, under Title VI if any program within the institution receives funding, all institutional activities are subject to the statute. See Cureton v. NCAA, 198 F.3d 107, 115–116, 119–21 (3^rd Cir. 1999).

Id. at 1047–48.

See 45 C.F.R. § 80.3(b).

45 CFR § 80.3(b)(2).

45 CFR § 80.3(b)(6)(i).

Guardians Ass'n v. Civil Serv. Comm'n of N.Y., 463 U.S. 582, 607–08 (1983).

Alexander v. Choate, 469 U.S. 287, 293–94 (1985).

Powell v. Ridge, 189 F.3d 387, 397 (3^rd Cir. 1999).

Id. at 397–98.

Guardians Ass'n, 463 U.S. at 593–95.

Powell, 189 F.3d at 399; Burton v. City of Belle Glade, 178 F.3d 1175, 1202 (11^th Cir. 1999); Sandoval v. Hagan, 197 F.3d 484, 502–07 (11^th Cir. 1999).

Guardians Ass'n, 463 U.S. at 607.

U.S. Const, art. I, § 8, cl. 1.

Pennhurst State Sch. v. Halderman, 451 U.S. 1 (1981).

Id. at 17.

See Guardians Ass'n, 463 U.S. at 599–600.

20 U.S.C. §§ 1681 et seq.

Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (1999).

45 CFR § 80.3(b)(6)(i).

Legislation is currently being introduced in both houses of Congress for the purpose of studying disparities in health care in relation to both race and gender. See H.R. 2391, 106th Cong. (1999); S. 1880, 106th Cong. (1999).

See Cooper-Patrick L. , “Race, Gender, and Partnership in the Patient-Physician Relationship,” JAMA 282 (1999): 583 (levels of patient participation in decisionmaking vary significantly with the race of the patient, and whether or not the doctor is of the same race).

See id.