HHS INCOMING – Hospital SUED!

America First Legal has filed a complaint against Henry Ford Health, accusing the healthcare system of discriminatory DEI practices and controversial transgender treatments for minors, potentially setting up a major legal confrontation with the Department of Health and Human Services.

At a Glance 

  • America First Legal, a pro-Trump legal organization, filed a complaint with HHS against Henry Ford Health for alleged discriminatory practices
  • The complaint accuses HFH of race and gender-based discrimination in employment, residency programs, and patient services
  • HFH reportedly received nearly $1 billion in federal awards with DEI provisions since 2021
  • Similar investigations have already been launched against Johns Hopkins and Cincinnati Children’s Hospital
  • Consumers’ Research launched an ad campaign against HFH, criticizing its transgender treatments for minors

Complaint Details Alleged Discrimination

America First Legal (AFL), a legal nonprofit aligned with former President Trump, has submitted a formal complaint to the Department of Health and Human Services (HHS) against Michigan-based Henry Ford Health (HFH). The complaint alleges that the healthcare system has implemented discriminatory Diversity, Equity, and Inclusion (DEI) policies that violate federal civil rights laws. According to the filing, HFH has established race-based quotas in hiring, prioritized organ transplants based on racial categories, and awarded contracts based on race and gender considerations rather than merit. 

The AFL complaint specifically cites potential violations of Title VI of the Civil Rights Act and Section 1557 of the Affordable Care Act, both of which prohibit discrimination in healthcare settings receiving federal funding. These allegations come as similar investigations are already underway at other major medical institutions across the country, indicating a broader scrutiny of DEI practices in healthcare. 

Federal Funding and Oversight

The complaint highlights that Henry Ford Health has reportedly received approximately $1 billion in federal awards with DEI provisions since 2021. This substantial federal funding places the institution under direct oversight regarding compliance with anti-discrimination laws. In their filing, AFL argues that continued federal support should be contingent upon the hospital system’s adherence to these regulations. 

“Failure to act in the face of such egregious and well-documented violations would not only signal tolerance of unlawful discrimination but would undermine the federal government’s duty to ensure that taxpayer dollars are not used to advance unconstitutional or ideologically driven practices,” America First Legal stated in their complaint to HHS. 

The investigation follows similar probes initiated against Johns Hopkins University and Cincinnati Children’s Hospital for alleged discriminatory DEI education and training programs. These investigations were prompted by complaints from the Wisconsin Institute for Law & Liberty on behalf of another organization called Do No Harm. 

Concerns About Transgender Treatments

Beyond the DEI allegations, the complaint also raises concerns about Henry Ford Health’s approach to transgender treatments for minors. Consumers’ Research, a consumer advocacy organization, has launched an advertising campaign critical of HFH, claiming the hospital system prioritizes political considerations over patient care regarding gender-affirming treatments for children. 

“Henry Ford Health is prioritizing politics over patients,” said Will Hild, Executive Director of Consumers’ Research, in a statement accompanying their campaign against the healthcare provider. 

The complaint seeks immediate intervention by federal authorities, including a comprehensive investigation, cessation of allegedly discriminatory practices, imposition of financial penalties, and increased oversight through systematic audits. HFH leadership has previously expressed strong support for DEI initiatives beyond traditional frameworks.

Broader Context of Healthcare DEI Scrutiny

This case represents part of a larger national debate over DEI policies in healthcare and other sectors. The Department of Health and Human Services has recently stepped up enforcement actions regarding potential discrimination in medical education and healthcare delivery systems. Acting Director of the Office for Civil Rights at HHS, Anthony Archeval, emphasized the importance of merit-based opportunities in medicine.

“Today’s actions restore merit-based opportunities in medicine and signify that hard-working health care professionals and high-achieving students in the pipeline for medical and nursing fields should not be demeaned at work, or excluded from professional or scholarship opportunities, because of their race or sex,” said Anthony Archeval regarding similar investigations at other institutions. 

Non-compliance with anti-discrimination laws could potentially lead to the suspension or termination of federal funding for healthcare systems found to be in violation. As this complaint moves forward, it may establish precedents for how diversity initiatives are implemented within healthcare organizations receiving federal support.