(Originally published by JAMA Health Forum on August 29, 2024)

Responding to the threat that biased health care artificial intelligence (AI) tools pose to health equity, the US Department of Health and Human Services Office for Civil Rights (OCR) published a final rule in May 2024 holding AI users legally responsible for managing the risk of discrimination. This move raises questions about the rule’s fairness and potential effects on AI-enabled health care.

The New Regulatory Requirements

Section 1557 of the Affordable Care Act prohibits recipients of federal funding from discriminating in health programs and activities based on race, color, national origin, sex, age, or disability. Regulated entities include health care organizations, health insurers, and clinicians that participate in Medicare, Medicaid, or other programs. The OCR’s rule sets forth the obligations of these entities relating to the use of decision support tools in patient care, including AI-driven tools and simpler, analog aids like flowcharts and guidelines.

Continue reading the essay on the JAMA Health Forum page here.