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- HHS Releases New AI Nondiscrimination Rule
The Health and Human Services (HHS) Office for Civil Rights (OCR) released the Nondiscrimination in Health Programs and Activities final rule on April 26 to implement section 1557 of the Patient Protection and Affordable Care Act (ACA) that prohibits a provider from discriminating on the basis of race, color, national origin, sex, age, or disability in a health program or activity, any part of which is receiving federal financial assistance, including credits, subsidies, or contracts of insurance. In this final rule, OCR clarified that this prohibition on discrimination extends to the use of AI.
Covered entities to this rule include recipients of federal financial assistance. In the final rule, OCR clarified that Medicare Part B is considered federal financial assistance, and that health care providers who accept federal funding from Medicare Part B are covered by this rule.
Pathologists covered under the rule need to take steps to identify and mitigate risks of discrimination in their use of AI. This provision will be effective within 300 days of 60 days after the final rule is published in the federal register.