As Hans von Spakovsky notes, the U.S. Commission on Civil Rights has raised a number of concerns with  President Obama and Congress about racially discriminatory provisions in both the House and Senate health care bills.

One provision in the Senate health-care bill not cited by Hans is Section 2046 (b)(3) that creates separate and unequal operating standards for long-term care facilities that serve racial and ethnic minorities.

Section 2046 (b)(3) grants the secretary of HHS the discretion to waive substantial penalties (i.e., fines of up to $300,000 and debarment from federal programs) for failing to report elder abuse and other crimes committed against residents of long-term care facilities that serve racial and ethnic minorities. Obviously, this could increase the probability that residents of such facilities won’t receive the same level of protection as residents of nursing homes that serve non-minority populations.

Now, it’s unlikely the Senate meant to give minority nursing homes license to beat Granny, but thus far, the Commission’s concerns remain unaddressed. Where are the members of the Congressional Black Caucus? The Congressional Hispanic Caucus?