New Guidance on AI and Anti‑Discrimination Measures
Last week, the Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter to reiterate the importance of ensuring nondiscrimination while utilizing Artificial Intelligence (“AI”) and other emerging technologies in healthcare. The letter emphasizes how the nondiscrimination provisions of Section 1557 of the Affordable Care Act, finalized in May 2024, apply when health programs utilize patient care decision support tools that use AI and other emerging technologies such as clinical algorithms and predictive analytics. The letter also discusses various ways to identify and mitigate risk of discrimination.
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