Health AI and Nondiscrimination Due Diligence: Key Considerations if the Section 1557 Regulation Is Rescinded
- February 28, 2025
- Drew Stevens , Parker Hudson Rainer & Dobbs LLP
In May 2024, the Biden administration finalized its revised regulation under Section 1557 of the Affordable Care Act (ACA), and, in doing so, promulgated a new regulatory standard of ongoing due diligence as it relates to promoting nondiscrimination in the use of health artificial intelligence (AI). And although no court has addressed whether this regulatory standard would survive a legal challenge under Loper Bright (or any other basis), this new regulatory standard is currently set to go into effect on May 1, 2025. But in the likely event that the Trump administration changes course and renounces this regulatory standard, what nondiscrimination laws would govern a hospital or health system’s use of health AI?
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