Right to Override Act
Summary
The "Right to Override Act" aims to protect the independent judgment of healthcare professionals when using AI clinical decision support systems (AI/CDSS). It ensures that healthcare professionals can override AI outputs if they believe it's appropriate for the patient or necessary to comply with the law. The bill also includes whistleblower protections for those who report violations of the Act.
Expected Effects
This act would likely lead to healthcare facilities adopting policies that allow healthcare professionals to override AI/CDSS outputs. It would also establish committees to review AI/CDSS implementation and provide feedback. The Act aims to prevent adverse employment actions against healthcare professionals who override AI decisions.
Potential Benefits
- Protects the autonomy of healthcare professionals in making decisions.
- Encourages feedback on AI/CDSS to improve accuracy and reduce bias.
- Provides whistleblower protection for reporting violations.
- Establishes training programs for healthcare professionals on AI/CDSS.
- Promotes patient safety by ensuring human oversight of AI recommendations.
Potential Disadvantages
- May increase healthcare costs due to the need for training and committee meetings.
- Could lead to inconsistent application of AI/CDSS if overrides are too frequent.
- Potential for increased litigation if overrides lead to adverse patient outcomes.
- Possible delays in treatment if healthcare professionals spend too much time second-guessing AI.
- The definition of 'appropriate' override is subjective and could lead to disputes.
Constitutional Alignment
The bill aligns with the Constitution by promoting the general welfare through ensuring patient safety and protecting healthcare professionals' judgment. It does not appear to infringe upon any specific constitutional rights. The establishment of enforcement mechanisms through the Department of Health and Human Services and the Department of Labor is consistent with Congress's power to regulate commerce and provide for the general welfare under Article I, Section 8.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).