New Federal Proposed Rule Places Healthcare Professionals at Risk for Lawsuits!

November 7, 2023

ISMIE Mutual and a diverse coalition of medical professional organizations are urging Washington lawmakers to reconsider the U.S. Department of Health and Human Services’ Proposed Rule related to potential biases with the use of clinical algorithms.
While we support the Department’s efforts to improve the use of clinical algorithms, we adamantly oppose that the Proposed Rule positions healthcare professionals to be at risk for liability to achieve those improvements. The Proposed Rule allows for an unlimited period of potential liability stemming from the possibility that alleged clinical algorithm biases might not be uncovered for years. What that means for healthcare professionals is that they could be found liable for biases that they were not responsible for and did not even know about.
Encouraging restraint in the use of clinical algorithms is appropriate. But discouraging their use completely, as the Proposed Rule will do, potentially denies important improvements in healthcare to the very populations HHS intends to help.
ISMIE is your advocate in the courts as well as in the realms of regulation and lawmaking. This is yet another example of our commitment to fighting for fairness for our policymakers.

If you have questions, please contact us by email.
Share this article:

Cookie Consent

Cookies are required for some functionality on our site. View our privacy policy for more information.