ARCI: Report Raises Questions if HISA is Worth Its Cost

An independent assessment of the Horseracing Integrity and Safety Authority (HISA) programs raises questions as to whether the results justify the almost $230 million cost that will have been spent on the authority by the end of 2025.

In the nineteen States regulated by HISA since 2022, the "equine fatality or Ran Safe" rate remains largely unchanged except for minor variations, there are fewer anti-doping tests being done, no new doping agents detected, and $165 million in new fees being assessed .

Neither the Federal Trade Commission, General Accounting Office, or any Congressional panel has performed a review of how HISA programs are actually working.   This assessment is the only one that currently exists. It is based on publicly available data and limited in that HISA maintains they are not subject to open meetings or public records requests consistent with the Federal Advisory Committee Act.

"The oversight of this entity has been virtually non-existent," said ARCI President Ed Martin who indicated that the need for a review became evident following a closed door discussion of the Racing Committee of the American Horse Council this past summer.   As a result of that discussion and a request from some regulators the ARCI commenced a review. (NOTE - The ARCI has independently assessed regulatory performance for the Ministry of Agriculture in Ontario and on behalf of various State officials and legislative panels in the United States.)

The assessment looked at anti-doping results and equine fatalities in the nineteen US States where HISA operates to explore the extent of programmatic improvements other than uniform rules.

The review found the following: 

• The equine fatality rate remains extremely low and largely unchanged.   The overwhelming majority of thoroughbred starters continue to run safe.  In 2022, the "ran safe" rate was 99.87%.  At the end of 2024, the rate was 99.90% representing a minor 0.03% variation.   It was 99.89% by mid-2025.
• Anti-doping testing has DECREASED faster than the decrease in thoroughbred races. 
• 2024 Post-race blood and urine anti-doping tests were 46% less than 2022. 
• There has been a dramatic and unexplained increase in testing for TCO2 which made up 31% of all race related HISA/HIWU testing in 2024 and accounted for just 4% of HIWU's adverse analytical findings.  TCO2 tests, which are less costly, are less valuable at finding doping substances. 
• No new substances have been detected that had not previously been found by the state based programs.   The "clear rate" - the percentage of tested samples where no illegal substance was found - remains consistent with the prior program.
• There are now uniform rules in all HISA thoroughbred jurisdictions although the Authority has admitted that uniform compliance has not been achieved with regard to vet record submissions and location reporting at some tracks. 
• HISA has deployed an advanced AI system to identify "at risk" horses.  Due to lack of transparency there is no way to independently assess if the system is working as intended or the extent to which "at risk" horses are being permitted to run by HISA.
• The $165 million in new assessments on the thoroughbred industry are mitigated by virtue of $56 million in direct and indirect assistance from the State Racing Commission jurisdictions. 

"The question for the thoroughbred industry is the degree to which everyone is satisfied with these results given the cost," ARCI President Ed Martin said.   "If people are not satisfied then HISA will need to be either fixed or replaced which would require modifications to the original statute."

The original Act did not go through normal Congressional review (i.e. "regular order")  prior to being added to a "must pass" COVID relief bill at the end of 2020.    Martin, a former US Senate staff member, indicated that when that happens there is normally a "technical correction" process to get all affected parties around a table to discuss how to make things work and head off costly litigation resulting from the hastily passed statute.  

"That did not happen and suggestions to do so were unfortunately resisted by HISA.   So today we have endless litigation, an industry still divided, increased cost, less drug testing, and essential the same "ran safe" rate as before and an entity not subject to the normal transparency, oversight, and checks and balances that people have come to expect", he said.  

The ARCI has not taken sides in any of the court challenges to the Act.  It has and continues to encourage its members in those jurisdictions where HISA is in effect to work with HISA and HIWU in a professional and cooperative manner to achieve the common goals of safe racing and honest sport.

The full assessment document is available on the ARCI website.