Nondiscrimination in Health Programs and Activities

• Authority: Department of Health and Human Services
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. regulations, executive orders, and agency policies
• Most recent activity: Enacted
• Most recent activity date: 2024-05-06

Risk subdomain coverage

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

• Unfair discrimination and misrepresentation

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

• Unequal performance across groups

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 2-3 subdomains, with strong focus on unfair discrimination (1.1), unequal performance across groups (1.3), and some coverage of lack of transparency (7.4). Coverage is concentrated in discrimination and AI system performance domains.

Sector coverage

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

• Health Care & Social Assistance

All other sectors had no coverage in this document.

Sectors Summary

The document exclusively governs the Health Care and Social Assistance sector, specifically regulating the use of AI-based patient care decision support tools in health programs and activities to prevent discrimination.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding regulatory provision from the Department of Health and Human Services that imposes mandatory obligations on covered entities with clear enforcement mechanisms through federal civil rights law.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: Department of Health and Human Services
• Summary: The document is issued by the Department of Health and Human Services as indicated in the authority field, establishing regulatory requirements for nondiscrimination in health programs.

Target

• Entity Types: AI_Deployer
• Summary: The regulation applies to 'covered entities' which are organizations that operate health programs or activities and use patient care decision support tools. These entities deploy AI systems in healthcare settings.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Department of Health and Human Services
• Summary: The Department of Health and Human Services, through its Office for Civil Rights, has authority to enforce nondiscrimination requirements in health programs under Section 1557 of the Affordable Care Act.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Department of Health and Human Services
• Summary: The Department of Health and Human Services monitors compliance with civil rights requirements in health programs, though specific monitoring provisions are not detailed in this excerpt.

AI Lifecycle Stages

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

• Verify and Validate
• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages of the AI lifecycle, requiring covered entities to identify and mitigate discrimination risks in patient care decision support tools that are already in use in health programs. There is implicit coverage of verification and validation through the risk identification and mitigation requirements.

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 'patient care decision support tools' which are AI systems used in healthcare. It does not use technical AI terminology like models, foundation models, or compute thresholds, but focuses on the functional application of AI in patient care decision-making.