HHS Finalizes Antidiscrimination Rules On Patient Care Decision Tools, Including AI

Last week, the Department of Health and Human Services (HHS) finalized antidiscrimination regulations implementing Section 1557 of the Affordable Care Act (ACA Section 1557). The final rule expands upon the proposed rule's prohibition of discrimination through the use of clinical algorithms. In the final rule, these algorithms are referred to as "patient care decision support tools" to better capture the range of tools subject to the regulations. HHS also clarified that the rule covers artificial intelligence (AI) used to support clinical decision-making "given covered entities' widespread use of automated decision systems and AI, and the scale by which AI can influence covered entities decision-making." In finalizing the regulations, HHS noted the Biden Administration's intense focus on AI, including Executive Order 14110, which directed HHS to "ensure the safe, responsible deployment and use of AI in the healthcare, public-health, and human-services sectors."¹ The