Federal Civil Rights Complaint Filed against Advocate Hospitals: Dual, Discriminatory System of Health Care Alleged

CHICAGO (Dec. 3, 2004) – A federal complaint was filed today by two community organizations charging Advocate Health Care with discriminatory capital investment practices at its urban and suburban hospitals.

The South Austin Coalition Community Council (SACCC) and the Association of Community Organizations for Reform Now (ACORN) allege in the complaint that Advocate invests more in hospitals that serve predominantly white patients than it does in hospitals that serve predominantly black and other minority populations, creating a system of “medical apartheid.”

The complaint was filed with the Office of Civil Rights of the Department of Health and Human Services alleging a violation of Title VI of the Civil Rights Act of 1964. The Act prohibits racial discrimination by corporations that receive federal funds. Advocate receives Medicaid and Medicare funds, as well as federal research, education and training funds.

“These policies and practices have had, and continue to have a discriminatory impact on African American and other minority communities served by Advocate hospitals, and have resulted in a dual, discriminatory system of health care in the Chicago area,” said co-plaintiff Linda Haley of Chicago, reading from the complaint. “Advocate’s investment, spending and resource allocation policies and practices are not rationally related to any legitimate business purpose, most importantly, Advocate’s own mission as a faith-based, nonprofit, tax-exempt charitable organization.” Rose Shaffer of Country Club Hills also is a complainant. Both are former patients of Advocate hospitals.

The legal action was brought in response to a study, titled “Separate and Unequal: Racial Disparities in Investments at Advocate Hospitals,” issued by the Hospital Accountability Project. The study examined Advocate’s applications to the Illinois Health Facilities Planning Board seeking approval for significant capital expenditures based on Certificate of Need (CON) applications from the years 1995 - 2003.

The study shows that Advocate spent almost 800% more – $232 million compared to $26 million – on significant capital improvements at its four hospitals serving predominantly white patients than on its four hospitals serving mostly minority patients. At Advocate Bethany, which serves a patient population that is 97% black, zero dollars were invested for significant capital expenditures compared to the $72 million invested in Advocate Good Shepherd in affluent Barrington, which serves a patient population that is 96% white.

“We’re going to end this discrimination by taking street action and legal action,” said Janice Booker, president of the North Lawndale ACORN chapter, the area where Advocate Bethany is located. “We’re not going to let Advocate get away with treating us like second class citizens.”

Congressman Danny Davis (D-Ill.) voiced his concerns for quality care for the poor during a press conference where the study was released. Standing with community activists and pastors, Davis said: “If you look at the corporate decision making that is done by the Advocate Health system, there is a level of unevenness, a level of unfairness. I am not an enemy of Bethany, but I am indeed a friend of the people."

“I do believe in equity, fair and equal treatment, and that’s why I’m here to support the community organizations, my neighbors and friends, and those who expressed an interest so we can sit at the table find a solution for this problem. And I believe we can,” Davis said.
 

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