Binding law — in force
Identify patient care decision support tools that use race, color, national origin, sex, age or disability inputs and mitigate the risk (45 CFR 92.210)
A covered entity must not discriminate on the basis of race, color, national origin, sex, age or disability through the use of patient care decision support tools (45 CFR 92.210(a)); it has an ongoing duty to make reasonable efforts to identify uses of such tools that employ input variables or factors measuring those characteristics (92.210(b)) and, for each tool identified, to make reasonable efforts to mitigate the risk of discrimination (92.210(c)). A 'patient care decision support tool' is any automated or non-automated tool used to support clinical decision-making (92.4); the Department states it includes automated decision systems and AI. Detect clinical model code that feeds protected characteristics to a model with no identification or mitigation record.
us-hhs-1557-decision-support-tools.identify-and-mitigate-protected-attribute-inputs · 45 CFR 92.210(b) · official source · jurisdictions: US