HHS’s algorithmic non-discrimination rule needs work

TThe Department of Health and Human Services has proposed a rule to prohibit clinical algorithms from discriminating against individuals on the basis of race, color, national origin, sex, age or disability. It is an important step towards addressing an urgent issue. Yet as worded, the rule is unacceptable to healthcare organizations and contains significant limitations that could undermine its effectiveness.

We represent a team of clinical, regulatory, innovation, technology, and operational leaders in health systems across the United States, as well as policy and regulatory experts outside of health systems, who recently launched the Health AI Partnership, funded by the Gordon and Betty Moore Foundation. This partnership aims to advance how health systems adopt clinical algorithms.

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