S. 2997: Right to Override Act

Right to Override Act

This bill requires employers of health care professionals to allow such professionals to override artificial intelligence clinical decision support systems. It also prohibits employers from retaliating against those who override these systems. 

The bill defines artificial intelligence clinical decision support systems as technology that supports decision-making through the use of algorithms or models that are based on clinical practice guidelines or training data and that produces predictions, recommendations, evaluations, or analysis.

Health care facilities, health plans, and other entities (including government entities) that employ health care professionals and use these systems must adopt policies that allow health care professionals to use their independent judgment to override outputs from these systems. Such entities must also provide training and establish a committee to advise the entity on these systems. The Department of Health and Human Services (HHS) must enforce these requirements, including by imposing civil penalties for violations.

Also, the bill prohibits these employers from taking adverse employment actions, discriminating, or retaliating against those who override these systems in accordance with employer policies. The Department of Labor must enforce these protections, which may include civil penalties specified in the bill. Individuals alleging violations of these protections may (1) submit an administrative complaint to Labor, or (2) commence a civil action. State programs receiving federal funds do not have immunity regarding such civil actions brought by employees. 

States may also bring civil actions against employers for violating the bill’s requirements upon notice to HHS or Labor, as appropriate.