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ACA Section 1557 — Nondiscrimination in AI-Assisted Patient Care Decisions

United States (Federal) | 89 FR 37522 (RIN 0945-AA17)

Year Enacted
2024
Date Signed
May 6, 2024
Effective Date
Jul 5, 2024
Compliance with Section 92.210 (patient care decision support tools) required by May 1, 2025
Status
Enacted (Stayed)
Effective July 5, 2024; AI provisions (Section 92.210) partially stayed by court order in Texas and Montana

Categories

Provider Clinical Use Provider Disclosure & Consent

Key Requirements

Prohibits discrimination through the use of 'patient care decision support tools' including AI and machine learning. Places responsibility on covered entities for ensuring their AI tools do not produce discriminatory outcomes. Private right of action available for individuals.

Regulated Parties

All recipients of federal financial assistance including Medicare Part B providers; HHS-administered programs; ACA exchanges

Enforcement

HHS Office for Civil Rights (OCR); private right of action available

Sources

Official https://www.federalregister.gov/documents/2024/05/06/2024-08711/nondiscrimination-in-health-programs-and-activities

Notes

One of the most significant federal regulatory actions addressing AI bias in healthcare. Enforcement posture uncertain after OCR restructuring.

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