Right to Override Act
Key claim: The Right to Override Act (S2997) would require healthcare employers to allow clinicians to override AI clinical decision support systems and prohibit retaliation against those who do so, with enforcement by HHS and DOL.
Abstract
(S2997 · 119th Congress) Right to Override Act This 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. Latest action (2025-10-09): Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Why this matters
The Right to Override Act is one of the first federal proposals to regulate clinical AI at the point of human-machine interaction rather than at device approval, treating clinician override as a labor right backed by anti-retaliation protections. It signals a governance model where AI accountability is enforced jointly by health regulators (HHS) and labor regulators (DOL), potentially setting a template for other high-stakes domains where automated recommendations intersect with professional judgment.