MADISON, Wis. (AP) — Some conservatives are taking aim at policies that allow doctors to consider race as a risk factor when allocating scarce COVID-19 treatments, saying the protocols discriminate against white people.

The wave of infections brought on by the omicron variant and a shortage of treatments have focused attention on the policies.

Medical experts say the opposition is misleading. Health officials have long said there is a strong case for considering race as one of many risk factors in treatment decisions. And there is no evidence that race alone is being used to decide who gets medicine.

The issue came to the forefront last week after Fox News host Tucker Carlson, former President Donald Trump and Republican Sen. Marco Rubio jumped on the policies. In recent days, conservative law firms have pressured a Missouri-based health care system, Minnesota and Utah to drop their protocols and sued New York state over allocation guidelines or scoring systems that include race as a risk factor.

JP Leider, a senior fellow in the Division of Health Policy and Management at the University of Minnesota who helped develop that state’s allocation criteria, noted that prioritization has been going on for some time because there aren’t enough treatments to go around.

“You have to pick who comes first,” Leider said. “The problem is we have extremely conclusive evidence that (minorities) across the United States are having worse COVID outcomes compared to white folks. … Sometimes it’s acceptable to consider things like race and ethnicity when making decisions about when resources get allocated at a societal level.”

Since the pandemic began, health care systems and states have been grappling with how to best distribute treatments. The problem has only grown worse as the omicron variant has packed hospitals with COVID-19 patients.

Considerable evidence suggests that COVID-19 has hit certain racial and ethnic groups harder than whites. Research shows that people of color are at a higher risk of severe illness, are more likely to be hospitalized and are dying from COVID-19 at younger ages.

Data also show that minorities have been missing out on treatments. Last week, the Centers for Disease Control and Prevention published an analysis of 41 health care systems that found that Black, Asian and Hispanic patients are less likely than whites to receive outpatient antibody treatment.

Omicron has rendered two widely available antibody treatments ineffective, leaving only one, which is in short supply.

The Food and Drug Administration has given health care providers guidance on when that treatment, sotrovimab, should be used, including a list of medical conditions that put patients at high risk of severe outcomes from COVID-19. The FDA’s guidance says other factors such as race or ethnicity might also put patients at higher risk.

The CDC’s list of high-risk underlying conditions notes that age is the strongest risk factor for severe disease and lists more than a dozen medical conditions. It also suggests that doctors and nurses “carefully consider potential additional risks of COVID-19 illness for patients who are members of certain racial and ethnic minority groups.”

State guidelines generally recommend that doctors give priority for the drugs to those at the highest risk, including cancer patients, transplant recipients and people who have lung disease or are pregnant. Some states, including Wisconsin, have implemented policies that bar race as a factor, but others have allowed it.

St. Louis-based SSM Health, which serves patients in Illinois, Missouri, Oklahoma and Wisconsin, required patients to score 20 points on a risk calculator to qualify for COVID-19 antibody treatment. Non-whites automatically got seven points.