Better Mental Health Care for Americans Act, Sec. 203

• Authority: United States Congress
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. federal laws
• Most recent activity: Defunct
• Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• Unfair discrimination and misrepresentation
• Unequal performance across groups
• Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of 2-3 subdomains, with focus on AI system transparency (7.4) and potential discrimination risks (1.1, 1.3). Coverage is concentrated in system safety and fairness domains, specifically addressing transparency requirements for AI use in healthcare denial processes.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Health Care & Social Assistance

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Finance & Insurance

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Health Care and Social Assistance sector, specifically Medicare Advantage organizations and behavioral health providers. It also has implications for the Finance and Insurance sector through health insurance plan requirements.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative amendment to the Social Security Act with mandatory disclosure requirements enforced through federal regulatory authority.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress
• Summary: The document is a Congressional act amending the Social Security Act, indicating Congress as the proposing authority.

Target

• Entity Types: AI_Deployer, Affected_Stakeholder
• Entities: Medicare Advantage organizations; behavioral health providers; health insurance plans
• Summary: The document targets organizations offering Medicare Advantage plans that must disclose behavioral health information, including those using AI in denial processes. Behavioral health providers and patients are also affected stakeholders.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Secretary of Health and Human Services; Centers for Medicare & Medicaid Services
• Summary: The Secretary is explicitly granted authority to define terms and specify requirements, indicating enforcement authority through the Department of Health and Human Services and CMS.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Secretary of Health and Human Services; Centers for Medicare & Medicaid Services
• Summary: The Secretary and CMS will monitor compliance through the required disclosure of behavioral health information and denial statistics on an annual basis.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on transparency requirements for AI systems already in use for healthcare denial decisions. It does not cover earlier stages like planning, data collection, or model development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• AI Systems
• Predictive AI
• Task-specific AI

Technical Scope Summary

The document explicitly mentions AI technology, machine-learning technology, and decision support technology in the context of healthcare denial processes. It does not define specific AI categories like frontier AI, general purpose AI, or foundation models, but focuses on AI systems used for clinical decision-making.