S. 2997 — Right to Override Act

This section requires a covered entity using artificial intelligence or clinical decision support systems (AI/CDSS) to (1) adopt a policy ensuring AI/CDSS outputs are not substituted for health care professionals' independent judgment, allowing timely overrides when appropriate for patients or to comply with law (including civil rights law), permitting feedback on AI/CDSS (including biases), and prohibiting sharing of override data identifying specific professionals or inferable groups; (2) inform professionals and their representatives of the policy, AI/CDSS presence, and override rights; (3) train professionals on AI/CDSS usage, override circumstances and procedures, development processes, inputs, and limitations (including biases); (4) establish an AI/CDSS committee—convening by the later of AI/CDSS adoption or 120 days after enactment, with at least as many non-managers as managers and including labor representatives—that consults on policies and meets quarterly to review implementation and report findings; and (5) review committee reports and professional feedback on AI/CDSS issues (e.g., frequent biased outputs). The section exempts patient notifications and legal proceedings (e.g., malpractice actions) from the override data prohibition and clarifies that covered entities may review AI/CDSS performance outcomes.

This section requires the Secretary of Health and Human Services, acting through the Office for Civil Rights, to receive, investigate, and resolve complaints of violations of this title—including through civil monetary penalties—in the same manner as for HIPAA administrative simplification rules (i.e., part C of title XI of the Social Security Act). It applies specified provisions of the civil monetary penalties statute (42 U.S.C. 1320a-7a)—excluding subsections (a), (b), and the second sentence of subsection (f)—to penalties imposed under this section and prohibits referral of complaints to the Attorney General for criminal investigation.

This section authorizes the Secretary to prescribe regulations as necessary to carry out this title and directs the Secretary, when doing so, (1) to consult with the Secretary of Labor and (2) to consult, at the Secretary's discretion, with other federal agencies having expertise in artificial intelligence or health care or jurisdiction over labor and employment issues (e.g., Equal Employment Opportunity Commission, Department of Justice, National Labor Relations Board).

This section prohibits a covered entity from taking an adverse employment action against a health care professional for overriding an AI/CDSS output (i.e., artificial intelligence/clinical decision support system) in a manner consistent with section 101 requirements.

This section establishes whistleblower protections by prohibiting covered entities from discriminating or retaliating (including through intimidation, threats, coercion, or harassment) against any individual employed by, or performing remunerated work for, the covered entity because the individual (1) exercises or attempts to exercise any right under this Act; or (2) files a complaint, seeks assistance, participates in an inquiry or proceeding, provides information or testimony, or discusses a possible violation of this Act with specified parties (i.e., the covered entity; a federal, state, local, or Tribal government entity; worker representatives; or co-workers).

This section establishes Department of Labor enforcement authority for the title, including investigative and subpoena powers mirroring the Fair Labor Standards Act (FLSA) (29 U.S.C. 211(a), 209); requirements for covered entities to file reports and maintain records (29 U.S.C. 211(c)); complaint investigations akin to FLSA minimum wage and overtime provisions (29 U.S.C. 206, 207); civil monetary penalties of up to $76,987 per violation ($769,870 for repeat violations); administrative complaints with labor organization representation; and federal court actions for injunctive relief under burdens of proof from aviation whistleblower law (49 U.S.C. 42121(b)). This section further provides a private right of action for affected individuals (or representatives), authorizing courts to award actual or treble damages, statutory damages of $5,000-$20,000 per violation of section 201 (adverse employment actions) or $10,000-$100,000 per violation of section 202 (whistleblower protections)—considering factors such as violation seriousness, persistence, willfulness, and entity finances—injunctive and equitable relief, attorney fees, and temporary relief including reinstatement; and conditions states' receipt of federal funds on waiving sovereign immunity to such suits by workers under those programs.

This section authorizes the Secretary to prescribe regulations as necessary to carry out this title and requires the Secretary, when doing so, to consult with the Secretary of Health and Human Services and permits consultation with other federal agencies having expertise in artificial intelligence or health care, or jurisdiction over labor and employment issues (e.g., Equal Employment Opportunity Commission, Department of Justice, National Labor Relations Board).

This section directs the Secretary of Health and Human Services, in consultation with the Secretary of Labor, to develop and disseminate educational materials not later than one year after enactment of this Act for (1) covered entities on compliance with the Act's requirements and (2) health care professionals on their rights and protections under the Act.

This section authorizes a State attorney general or State privacy regulator to bring a civil action in State or federal court, as parens patriae on behalf of State residents, against a covered entity violating the Act to (1) enjoin further violations, (2) compel compliance, (3) obtain damages, civil penalties, restitution, or other compensation, or (4) recover reasonable attorney’s fees and litigation costs. Prior to filing, the State official must notify the relevant Secretary (HHS for title I violations; DOL for title II), who may intervene and appeal; if the Secretary sues first on the same violation, the State action is barred during pendency (though States may intervene as of right), but State authority to enforce State laws or conduct investigations is otherwise preserved.