Health care workers would gain a legally protected right to reject recommendations made by artificial intelligence and clinical decision support systems (AI/CDSS) whenever they judge that a different decision is better for a patient or is needed to follow the law. Hospitals, clinics, home-care employers, and health plans that use these systems would have to adopt written policies guaranteeing that AI output never replaces a professional's independent judgment, train staff on when and how to override the software, and set up a committee — at least half of them non-managers — that meets quarterly to review how the AI is working. Employers could not fire, demote, discipline, or otherwise punish a worker for overriding an AI recommendation, and separate whistleblower protections would shield anyone who reports a suspected violation or raises an AI-related concern, even in conversation with a co-worker. The Department of Health and Human Services would handle complaints about the policy rules, while the Department of Labor would enforce the anti-retaliation rules, with civil penalties reaching about $77,000 per violation and up to roughly $770,000 for repeat violations. Affected workers could also sue on their own for back pay, treble or statutory damages, and reinstatement, and forced-arbitration clauses and class-action waivers would not be enforceable for these claims. Employers would be barred from sharing 'override data' that identifies individual professionals, except when explaining a care decision to a patient or in a legal proceeding. The law would act as a floor rather than a ceiling: it would not displace stronger state laws or union contracts, and it would not shield a professional from a malpractice or negligence claim for a decision made after overriding the software.
Average Household Impact
- Patient-care safeguards — Human clinical judgment must be able to override AI recommendations
- Coverage-decision safeguards — Prior-authorization reviewers may override AI-driven denials
Civil Liberties
- Civil-suit access — Private right of action created for affected health workers
- Forced-arbitration bar — Predispute arbitration agreements unenforceable for these claims
- Class-action waiver bar — Predispute joint-action waivers unenforceable for these claims
Transparency & Accountability
- Whistleblower protections — Added for workers reporting AI-override violations or concerns
- Anti-retaliation rules — Bar adverse employment actions tied to overriding AI outputs
- Employer reporting duties — Covered entities must file records and answers with the Labor Department
- AI oversight committee — Required at entities using clinical AI, meeting at least quarterly
- Override-data confidentiality — Sharing barred on identifiable individual professionals
Congressional Summary
Right to Override ActThis bill requires employers of health care professionals to allow such professionals to override artificial intelligence clinical decision support systems. It also prohibits employers from retaliating against those who override these systems. The bill defines artificial intelligence clinical decision support systems as technology that supports decision-making through the use of algorithms or models that are based on clinical practice guidelines or training data and that produces predictions, recommendations, evaluations, or analysis.Health care facilities, health plans, and other entities (including government entities) that employ health care professionals and use these systems must adopt policies that allow health care professionals to use their independent judgment to override outputs from these systems. Such entities must also provide training and establish a committee to advise the entity on these systems. The Department of Health and Human Services (HHS) must enforce these requirements, including by imposing civil penalties for violations.Also, the bill prohibits these employers from taking adverse employment actions, discriminating, or retaliating against those who override these systems in accordance with employer policies. The Department of Labor must enforce these protections, which may include civil penalties specified in the bill. Individuals alleging violations of these protections may (1) submit an administrative complaint to Labor, or (2) commence a civil action. State programs receiving federal funds do not have immunity regarding such civil actions brought by employees. States may also bring civil actions against employers for violating the bill’s requirements upon notice to HHS or Labor, as appropriate.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2025-10-09
- Date Added
- 2026-07-09
- Source
- Congress.gov →
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