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Right to Override Act

USA119th CongressS-2997| Senate 
| Updated: 10/9/2025
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (2)
Tina Smith (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation, known as the "Right to Override Act," aims to safeguard the independent professional judgment of healthcare professionals when utilizing artificial intelligence clinical decision support systems (AI/CDSS). It defines AI/CDSS as technology supporting decision-making based on algorithms or models that produce predictions, classifications, or recommendations. A "covered entity" includes any individual or entity employing or engaging healthcare professionals in commerce, such as healthcare facilities or health plans. The bill requires covered entities using AI/CDSS to implement policies ensuring that AI/CDSS outputs do not supersede a healthcare professional's independent judgment. These policies must explicitly allow professionals to override AI/CDSS outputs in a timely manner if deemed appropriate for the patient or necessary for legal compliance. Furthermore, entities must allow professionals to provide feedback on AI/CDSS, including biased outputs, and are prohibited from sharing individual or inferable group override data, with exceptions for patient information or legal actions. Covered entities must also provide training on AI/CDSS usage, appropriate override circumstances, and potential limitations or biases, and establish an AI/CDSS committee with non-manager and labor organization representation to consult on policies and review implementation. A core provision prohibits covered entities from taking adverse employment actions against healthcare professionals for overriding AI/CDSS outputs consistent with the established policies. It also includes comprehensive whistleblower protections , preventing discrimination or retaliation against individuals who exercise their rights under the Act, report violations, or participate in related inquiries. Enforcement for policy violations falls under the Secretary of Health and Human Services, while the Secretary of Labor handles employment-related violations, with both empowered to impose civil monetary penalties. Additionally, individuals adversely affected by violations have a private right of action to seek damages and injunctive relief. The Act mandates the development of educational materials by the Secretary of Health and Human Services to inform covered entities of compliance requirements and healthcare professionals of their rights. State attorneys general and privacy regulators are granted authority to bring civil actions on behalf of their residents for violations, with federal agencies having the right to intervene. Importantly, the bill clarifies that it does not protect a healthcare professional from medical malpractice or negligence claims resulting from overriding an AI/CDSS output. Finally, it explicitly states that the Act does not preempt State laws or collective bargaining agreements.
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Timeline
Oct 9, 2025
Introduced in Senate
Oct 9, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • October 9, 2025
    Introduced in Senate


  • October 9, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Right to Override Act

USA119th CongressS-2997| Senate 
| Updated: 10/9/2025
This legislation, known as the "Right to Override Act," aims to safeguard the independent professional judgment of healthcare professionals when utilizing artificial intelligence clinical decision support systems (AI/CDSS). It defines AI/CDSS as technology supporting decision-making based on algorithms or models that produce predictions, classifications, or recommendations. A "covered entity" includes any individual or entity employing or engaging healthcare professionals in commerce, such as healthcare facilities or health plans. The bill requires covered entities using AI/CDSS to implement policies ensuring that AI/CDSS outputs do not supersede a healthcare professional's independent judgment. These policies must explicitly allow professionals to override AI/CDSS outputs in a timely manner if deemed appropriate for the patient or necessary for legal compliance. Furthermore, entities must allow professionals to provide feedback on AI/CDSS, including biased outputs, and are prohibited from sharing individual or inferable group override data, with exceptions for patient information or legal actions. Covered entities must also provide training on AI/CDSS usage, appropriate override circumstances, and potential limitations or biases, and establish an AI/CDSS committee with non-manager and labor organization representation to consult on policies and review implementation. A core provision prohibits covered entities from taking adverse employment actions against healthcare professionals for overriding AI/CDSS outputs consistent with the established policies. It also includes comprehensive whistleblower protections , preventing discrimination or retaliation against individuals who exercise their rights under the Act, report violations, or participate in related inquiries. Enforcement for policy violations falls under the Secretary of Health and Human Services, while the Secretary of Labor handles employment-related violations, with both empowered to impose civil monetary penalties. Additionally, individuals adversely affected by violations have a private right of action to seek damages and injunctive relief. The Act mandates the development of educational materials by the Secretary of Health and Human Services to inform covered entities of compliance requirements and healthcare professionals of their rights. State attorneys general and privacy regulators are granted authority to bring civil actions on behalf of their residents for violations, with federal agencies having the right to intervene. Importantly, the bill clarifies that it does not protect a healthcare professional from medical malpractice or negligence claims resulting from overriding an AI/CDSS output. Finally, it explicitly states that the Act does not preempt State laws or collective bargaining agreements.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Oct 9, 2025
Introduced in Senate
Oct 9, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • October 9, 2025
    Introduced in Senate


  • October 9, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Edward J. Markey

Edward J. Markey

Democratic Senator

Massachusetts

Cosponsors (2)
Tina Smith (Democratic)Richard Blumenthal (Democratic)

Health, Education, Labor, and Pensions Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted