But a medical algorithm that factors race among other information in assessing his kidney health is keeping him off the transplant list, Crowley said in a federal lawsuit he recently filed against Kaleida Health and others.

The 22-year-old from Elma has been on and off transplant lists, but he's off the list now, and his chance of getting back on depends on which medical algorithm his medical providers use, according to his lawsuit.

The algorithm depends on one of two boxes they check for his race – Black or non-Black. They've checked Black, a choice the biracial college student says can make Black patients with kidney disease appear healthier than they are. It means that Black patients have to reach higher levels of kidney disease before they are considered sick enough to qualify for certain treatments, according to his lawsuit.

He's asked a federal judge in Buffalo to order his doctors to stop factoring race in the evaluation.

"Jordan and his family were surprised to discover that the medical algorithms his medical providers were using to assess his kidney health yield different outcomes depending on whether Jordan is categorized as Black or non-Black," Crowley's attorneys wrote in a complaint.

The civil suit, filed in U.S. District Court on Oct. 1, accuses Strong Memorial Hospital in Rochester, Kaleida Health and UBMD Physicians' Group of racial discrimination.

In the algorithm, there are no other choices aside from Black or non-Black, including no option for a person of mixed race. And the algorithm is set up so individuals who are Black are subject to a "race-correction multiplier," according to the suit.

A Black person's score is several points higher than a non-Black person with the same kidney function, giving the appearance that the Black person's kidney is healthier, according to the complaint.

The racial factor in the algorithm is "based on the false assumption that on average, Black persons have greater muscle mass than white persons," an assumption with no basis in science or medicine, but which instead has roots in the days of slavery, according to the suit.

Crowley, his family and their attorney declined to comment for this story.

University of Rochester Medical Center, which includes Strong Memorial, denies race played any role in Crowley's care and said that Crowley remains on the transplant list, the organization said in an emailed statement.

"URMC continues to care for Jordan Crowley and to help him navigate the process of qualifying for a kidney transplant," the organization said through a spokesperson. "This claim may be based on the mistaken assumption that 'race-corrected' lab values have had an impact on Jordan’s care at URMC, or his eligibility to be on the transplant list for a new kidney. URMC placed Jordan on the transplant list in 2019, his earliest point of eligibility under rules established by the United Network for Organ Sharing, based on lab results that did not consider race. Jordan has continued to accrue time on the list without interruption."

The medical center uses "only unweighted values to assess transplant eligibility, and we are working to remove any reference to race-weighted algorithms from our lab systems, making those systems consistent with our practice," the organization said through a spokesperson.

A spokesperson for UBMD Physicians' Group said the organization declined to comment on litigation. 

"As physicians, researchers and teachers of the next generation of healthcare professionals, UBMD stands committed to providing the best possible care for all of our patients and the Western New York community," the organization said in a written statement. "UBMD will continue to advocate for programmatic changes and policies that recognize and champion diversity, and advance healthcare equity and inclusion."

A Kaleida spokesman said the organization is aware of the suit, but declined comment, citing patient privacy laws and active litigation.

Doctors have been telling Crowley to consider a kidney transplant since he was 15. In the past, he's received inpatient and outpatient care from a pediatric nephrologist at Kaleida's Oishei Children's Hospital, a pediatric nephrologist at UBMD Physicians' Group in the Conventus building and the pediatric urology and organ transplant team at Strong Memorial.

In the summer of 2016, Crowley's kidney health declined significantly, according to the suit. The following year, he met with the transplant team at Strong to have his kidney function evaluated and to see if he was eligible for a transplant.

"Having undergone several tests, Jordan was told by Strong Hospital's transplant team that the hospital's 'computer system was having problems determining Jordan's status' because it had to categorize Jordan as either Black or non-Black for kidney assessment," the lawsuit said. "Jordan's mother challenged this and remarked, 'Surely, there must be other biracial parents here.' Jordan and his family came back from the hospital without any answers."

Crowley has a maternal grandparent and a paternal grandparent who are Black, and two white grandparents on each side.

The suit alleges that at Kaleida and UBMD facilities, Crowley was "perceived and categorized as Black without being asked his racial identification."

The hospital used information from Kaleida and UBMD when making their assessments, according to the suit.

In September, Crowley's attorneys noted in court papers, the National Kidney Foundation and the American Society of Nephrology recommended a "race-free approach to diagnose kidney disease."

University of Rochester Medical Center said it agrees with those organizations, and called the use of race-weighted algorithms "outdated."

Hospital officials hope the public attention drawn to the case will encourage potential living kidney donors to register to donate.