Summary

Requires health-care employers and related entities that use AI clinical decision support systems (AI/CDSS) to let licensed health care professionals override AI recommendations and forbids retaliation for doing so. It forces covered entities to notify staff about AI use, provide training, create oversight committees, protect clinician identity in override data, and adopt policies that preserve independent clinical judgment. Creates federal enforcement paths: HHS (through OCR) enforces privacy/notice/policy requirements and may impose civil monetary penalties; the Department of Labor enforces anti-retaliation and recordkeeping rules, with investigatory power, civil penalties, and a private right of action for harmed clinicians. The law preserves malpractice liability for clinical decisions and does not preempt state law or collective bargaining agreements.

Key Points

• Clinicians may override AI clinical decision support outputs and cannot be punished for doing so.
• Covered entities must notify staff about AI/CDSS use, provide training, and form an AI/CDSS oversight committee that meets at least quarterly.
• Override data identifying individual clinicians is protected from routine sharing, with narrow exceptions for patient notification and legal proceedings.
• HHS (OCR) enforces notice/privacy/policy rules and can impose civil monetary penalties; the Department of Labor enforces anti-retaliation rules and can impose fines and pursue investigations.
• Clinicians get a federal private right of action with damages (including back pay and possible treble damages), injunctive relief, and attorneys' fees for retaliation or adverse actions.
• The Act does not shield clinicians from malpractice or negligence liability for clinical decisions made when overriding AI outputs.
• State attorneys general and state privacy regulators can bring enforcement suits, but federal enforcement can preclude parallel state suits while pending.
• Predispute arbitration and class-action waivers are unenforceable for claims under this Act.
• Definitions are broad—health plans, facilities, admitting privileges, prior authorization staff, and many licensed or certified workers are covered.
• The Act imposes compliance, training, oversight, and recordkeeping duties on covered entities and creates potential significant penalties for violations.

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