On May 6, 2024, the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS) published its final rule, applying section 1557 of the Affordable Care Act to algorithms used by covered entities, including health care providers and payers.

The rule goes beyond simply prohibiting algorithmic discrimination and requires certain due diligence by health care providers and payers in the form of a compliance program. Such a program is linked to ongoing monitoring of certain public sources of information about algorithmic discrimination and the adoption of certain risk management program elements to ensure that algorithms used by the covered entity, whether bought or built internally by the covered entity, avoid the risk of discrimination. The preamble to the rule makes it clear that covered entities that use algorithms cannot simply rely on developers from whom they acquire those algorithms.

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Topics

Speakers will help attendees understand:

  • the risk areas where algorithmic discrimination can be found;
  • the scope of the new rule, specifically with regard to what types of algorithms are subject to it;
  • the requirement in the new rule that covered entities, including health care providers and payers, be vigilant in looking for possible discrimination; and
  • the risk mitigation steps targeting algorithmic bias that the organization needs to adopt as a part of a compliance program to avoid HHS enforcement.

Contacts

If you have any questions, please reach out to Dionna Del Vecchio.

Event Detail

1:00–1:45 p.m. ET

Webinar

Services

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