Right to Override Act

Requires covered entities using AI Clinical Decision Support Systems (AI/CDSS) to adopt policies allowing health professionals to override AI outputs. Prohibits adverse employment actions for overrides. Enforces whistleblower protections. Instructs creation of AI/CDSS committees and educational materials.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Proposed
  • Most recent activity date: 2025-10-09

Risk subdomain coverage

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

  • Overreliance and unsafe use
  • Loss of human agency and autonomy
  • Lack of capability or robustness
  • Lack of transparency or interpretability

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
  • Compromise of privacy
  • False or misleading information

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses human-computer interaction risks (5.1, 5.2) with good coverage, focusing on overreliance on AI and loss of human agency in healthcare settings. It also provides minimal to good coverage of discrimination risks (1.1, 1.3), misinformation (3.1), privacy concerns (2.1), and AI system limitations (7.3, 7.4). The focus is on protecting healthcare professional autonomy and judgment against inappropriate AI substitution.

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.

  • Educational Services

All other sectors had no coverage in this document.

Sectors Summary

This Act exclusively governs the Health Care and Social Assistance sector. It applies to healthcare facilities, health plans, and any entity employing healthcare professionals that uses AI Clinical Decision Support Systems (AI/CDSS). The regulation is comprehensive and sector-specific, establishing detailed governance requirements for AI use in healthcare settings.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute from the United States Congress with mandatory obligations, enforcement mechanisms including civil monetary penalties, private rights of action, and specific regulatory authorities designated to the Secretary of Health and Human Services and Secretary of Labor.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senate and House of Representatives of the United States of America
  • Summary: The document is presented as a bill enacted by the United States Congress, as indicated in the opening legislative formula.

Target

  • Entity Types: AI_Deployer, Affected_Stakeholder
  • Entities: Covered entities (employers of health care professionals using AI/CDSS); health care facilities; health plans; health plan administrators
  • Summary: The Act applies to 'covered entities' defined as individuals or entities that employ healthcare professionals and use AI/CDSS, engaged in commerce. This includes healthcare facilities, health plans, and their administrators. The Act also protects health care professionals themselves as stakeholders.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Secretary of Health and Human Services; Office for Civil Rights; Secretary of Labor; Solicitor of Labor; State attorneys general; State privacy regulators; United States district courts
  • Summary: Title I violations are enforced by the Secretary of Health and Human Services through the Office for Civil Rights. Title II violations are enforced by the Secretary of Labor. State attorneys general and state privacy regulators also have enforcement authority. Federal courts provide judicial enforcement.

Monitor

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Entities: AI/CDSS committees; Secretary of Health and Human Services; Secretary of Labor; health care professionals and their labor organization representatives
  • Summary: The Act requires covered entities to establish AI/CDSS committees that include healthcare professionals and labor representatives to monitor implementation. Federal secretaries monitor compliance through investigations and complaint processes. Healthcare professionals themselves participate in ongoing monitoring through feedback mechanisms.

AI Lifecycle Stages

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

  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document focuses primarily on the Deploy and Operate and Monitor stages of the AI lifecycle. It establishes governance requirements for deploying AI/CDSS in healthcare settings and mandates ongoing operational monitoring through quarterly committee reviews, feedback mechanisms, and performance oversight. There is minimal coverage of the Build and Use Model stage through training requirements on development processes.

Technical Scope

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

  • AI Models
  • AI Systems
  • Predictive AI
  • Task-specific AI

Technical Scope Summary

The document explicitly defines and covers AI/CDSS (Artificial Intelligence Clinical Decision Support Systems), which are AI systems used in healthcare. It does not distinguish between frontier AI, general purpose AI, task-specific AI, foundation models, or generative AI. No compute thresholds or open-weight models are mentioned. The focus is on clinical decision support systems specifically.

https://www.congress.gov/bill/119th-congress/senate-bill/2997
https://agora.eto.tech/instrument/2870
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Document data from AGORA, CSET Emerging Technology Observatory.