Section 1 Short title
This Act may be cited as the “Right to Override Act”.
Right to Override Act
A BILL
To protect the independent judgment of health care professionals acting in the scope of their practice in overriding AI/CDSS outputs, and for other purposes.
Sec. 2 Table of contents
The table of contents for this Act is as follows:
Sec. 3 Definitions
In this Act:
Adverse employment action— The term adverse employment action, with respect to a health care professional, includes—
the termination, suspension, or demotion of the health care professional from a job;
any disciplinary action or retaliatory investigation against the health care professional;
the imposition of a work schedule that is more burdensome to the health care professional;
the failure of the health care professional to receive, or any adverse adjustment in the ability of the health care professional to receive, a promotion;
the denial of the health care professional in receiving or being eligible to receive—
compensation, including the denial of an increase in compensation; or
any other job-related benefit or opportunity, including for telework, training, or travel;
revocation of admitting privileges;
a reassignment of a duty or the assignment of a duty inappropriate for the job, skill set, or experience of the health care professional;
a change in the ability to practice at a location for which the health care professional would otherwise be able;
an adverse evaluation or performance review;
any other modification to the terms, conditions, or privileges of employment or work of the health care professional that, from the perspective of a reasonable person, puts the health care professional in a materially adverse position when compared to the position of the professional prior to the modification; and
any other action or inaction that results in the health care professional being in a materially adverse position when compared to the position of the professional prior to the action or inaction.
Artificial intelligence clinical decision support system; AI/CDSS— The term artificial intelligence clinical decision support system or AI/CDSS means technology that—
supports decision-making based on algorithms, or models, based in clinical practice guidelines or that derive relationships from training data, including such algorithms or models that are developed using unsupervised learning models; and
produces an output that results in a prediction, classification, recommendation, evaluation, or analysis.
AI/CDSS output— The term AI/CDSS output means any recommendation, decision, or other output of AI/CDSS.
Commerce; industry or activity affecting commerce— The terms commerce and industry or activity affecting commerce have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
Covered entity— The term covered entity—
means any individual or entity that—
employs, or otherwise engages in the performance of work for remuneration, a health care professional; and
is engaged in commerce (including government), or an industry or activity affecting commerce (including government); and
includes such an individual or entity that is—
a health care facility in any setting, such as a nurse's office in a school setting; or
a health plan or an administrator of a health plan.
Engaged in the performance of work for remuneration— The term engaged in the performance of work for remuneration, with respect to an individual performing work for a covered entity, includes the individual having admitting privileges for the covered entity without regard to whether such individual is employed by such entity.
Health care professional— The term health care professional—
means an individual—
licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or
required to be so licensed, registered, or certified but that is exempted by other statute or regulation; and
includes—
an individual described in subparagraph (A) without regard to whether the individual works at a health care facility, including a home health aide or a home care provider; and
an individual who is employed by, or otherwise engaged in the performance of work for remuneration for, a health plan to make prior authorization determinations or other determinations regarding coverage under a health plan.
Health care services— The term health care services means any services that relate to—
the diagnosis, prevention, or treatment of any human disease or impairment;
the assessment or care of the health of human beings; or
making prior authorization determinations or other determinations regarding coverage under a health plan.
Health plan— The term health plan has the meaning given the term in section 3000 of the Public Health Service Act (42 U.S.C. 300jj).
Override— The term override, with respect to an AI/CDSS output, means making a decision contrary to such output.
Override data— The term override data—
means any data related to adherence to or deviation from AI/CDSS outputs; and
includes—
any such data that is metadata or audit data; or
any such data related to a particular health care professional or group of health care professionals, or related to a particular AI/CDSS.
State— The term State has the meaning given the term in section 3000 of the Public Health Service Act.