Federal: AI health law and policy

35 entries on the map: 25 in force or in effect, 3 final or enacted and not yet in force (main duties begin Dec. 28, 2026, and Jan. 1, 2027), 1 proposed rule, 2 draft guidance documents and 4 bills in Congress.

Overview as of · Most recently checked · How to read the law map

Most federal AI health measures bind device makers, health plans or agencies, not physicians, and no federal law requires telling patients about AI use.

Full overview and dates aheadHide full overview

Since May 1, 2025, practices and hospitals covered by the Affordable Care Act's Section 1557 must make reasonable efforts under 45 CFR 92.210 to identify and mitigate risk from AI and other decision support tools that use race, sex, age or similar inputs. Federal privacy guidance treats a vendor whose AI chatbot handles portal health information as a business associate, as an online tracking bulletin does for tracking vendors. From Dec. 28, 2026, a final rule ends the duty, under a 2024 rule, for certified EHRs to carry decision support source attributes.

From Jan. 1, 2027, the final physician fee schedule and outpatient rule pay for software analyses, including AI. Since Jan. 1, 2026, a Medicare model using AI-assisted review requires clinicians in six states to seek prior authorization or prepayment review for selected services. Under a 2023 rule, Medicare Advantage plans must base medical necessity decisions on individual circumstances, and a February 2024 memo says AI alone cannot justify denying an inpatient admission. Committees approved bills on AI chatbots (S. 3062), Medicare Advantage prior authorization (H.R. 3514) and health privacy (S. 3097), and a House committee approved a spending bill barring funds for that model.

Dates ahead

35 entries

Devices and FDA oversight

In effectPolicy

FDA, Technology-Enabled Meaningful Patient Outcomes (TEMPO) for Digital Health Devices Pilot, notice, 90 FR 56768 (Dec. 8, 2025)

Issued Dec. 8, 2025

This entry's details are for members

What the law requires, who it binds, when it takes effect and the primary sources, checked on a dated schedule.

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In forceLaw

21st Century Cures Act, Pub. L. 114-255, div. A, title III, sec. 3060(a), adding section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), software functions excluded from the device definition

In force since Dec. 13, 2016

Details for members

In forceLaw

Food and Drug Omnibus Reform Act of 2022 (Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. FF, title III, sec. 3308(a)), adding section 515C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e-4), Predetermined change control plans for devices

In force since Dec. 29, 2022

Details for members

FinalGuidance

Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence-Enabled Device Software Functions: Guidance for Industry and Food and Drug Administration Staff (docket FDA-2022-D-2628)

Issued Dec. 4, 2024

Details for members

FinalGuidance

General Wellness: Policy for Low Risk Devices: Guidance for Industry and Food and Drug Administration Staff (docket FDA-2014-N-1039), issued Jan. 6, 2026

Issued Jan. 6, 2026

Details for members

FinalGuidance

Clinical Decision Support Software: Guidance for Industry and Food and Drug Administration Staff (docket FDA-2017-D-6569), issued Jan. 29, 2026

Issued Jan. 29, 2026

Details for members

DraftGuidance

Artificial Intelligence-Enabled Device Software Functions: Lifecycle Management and Marketing Submission Recommendations; Draft Guidance for Industry and Food and Drug Administration Staff (docket FDA-2024-D-4488), notice of availability, 90 FR 1154 (Jan. 7, 2025)

Draft issued Jan. 7, 2025

Details for members

Clinical decision and chatbot limits

In forceRule

Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1), final rule, 89 FR 1192 (Jan. 9, 2024), RIN 0955-AA03; 45 CFR 170.315(b)(11), Decision support interventions

In force since Jan. 1, 2025 (published Jan. 9, 2024)

Details for members

FinalGuidance

HHS Office for Civil Rights, Dear Colleague letter: Ensuring Nondiscrimination Through the Use of Artificial Intelligence and Other Emerging Technologies (Jan. 10, 2025)

Issued Jan. 10, 2025

Details for members

In forceRule

Nondiscrimination in Health Programs and Activities, final rule, 89 FR 37522 (May 6, 2024); 45 CFR 92.210, Nondiscrimination in the use of patient care decision support tools

In force since May 1, 2025 (published May 6, 2024)

Details for members

FinalRule

Health Data, Technology, and Interoperability: ONC "Deregulatory Actions to Unleash Prosperity" (HTI-5), final rule, 91 FR 67916 (Oct. 28, 2026), Federal Register document 2026-21943, RIN 0955-AA09

Final rule published Oct. 26, 2026; takes effect Dec. 28, 2026

Details for members

IntroducedLaw

S. 3062, Guidelines for User Age-verification and Responsible Dialogue Act of 2026 (GUARD Act), 119th Congress, reported by the Senate Judiciary Committee with an amendment (Calendar No. 406)

Bill in Congress

Details for members

Also relevant here: 21st Century Cures Act, Pub. L. 114-255, div. A, title III, sec. 3060(a), adding section 520(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(o)), software functions excluded from the device definition (under devices and FDA oversight); Clinical Decision Support Software: Guidance for Industry and Food and Drug Administration Staff (docket FDA-2017-D-6569), issued Jan. 29, 2026 (under devices and FDA oversight).

Payer and utilization review AI

In forceRule

Medicare Program; Contract Year 2024 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly, final rule (CMS-4201-F), 88 FR 22120 (April 12, 2023), RIN 0938-AU96; 42 CFR 422.101(b)(6) and (c)(1) and 422.566(d)

In force since Jan. 1, 2024 (published April 12, 2023)

Details for members

FinalGuidance

CMS, Frequently Asked Questions related to Coverage Criteria and Utilization Management Requirements in CMS Final Rule (CMS-4201-F), HPMS memo, Feb. 6, 2024

Issued Feb. 6, 2024

Details for members

In effectPolicy

Medicare Program; Implementation of Prior Authorization for Select Services for the Wasteful and Inappropriate Services Reduction (WISeR) Model, notice (CMS-5056-N), 90 FR 28749 (July 1, 2025)

In effect since Jan. 1, 2026

Details for members

In forceRule

Medicare and Medicaid Programs; Patient Protection and Affordable Care Act; Advancing Interoperability and Improving Prior Authorization Processes, final rule (CMS-0057-F), 89 FR 8758 (Feb. 8, 2024), RIN 0938-AU87

In force since Jan. 1, 2026 (published Feb. 8, 2024)

Details for members

IntroducedLaw

H.R. 3514, Improving Seniors' Timely Access to Care Act of 2025, 119th Congress, ordered reported by the House Ways and Means Committee

Bill in Congress

Details for members

IntroducedLaw

H.R. 9260, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2027

Bill in Congress

Details for members

Payment for AI

In forceRule

Medicare physician fee schedule payment for digital mental health treatment devices, HCPCS G0552, G0553 and G0554: CY 2025 final rule (CMS-1807-F), 89 FR 97710 (Dec. 9, 2024), expanded in the CY 2026 final rule (CMS-1832-F), 90 FR 49266 (Nov. 5, 2025)

In force since Jan. 1, 2025 (published Dec. 9, 2024)

Details for members

In effectPolicy

CMS Innovation Center, Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model (request for applications issued Dec. 5, 2025; version 1.1, Feb. 12, 2026)

In effect since July 5, 2026

Details for members

In forceRule

Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals (IPPS) and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year (FY) 2027 Rates, final rule (CMS-1849-F), 91 FR 49570 (Aug. 4, 2026), RIN 0938-AV79; new technology add-on payments under 42 CFR 412.87 and 412.88

In force since Oct. 1, 2026 (published Aug. 4, 2026)

Details for members

FinalRule

Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; and Quality Reporting Programs, CY 2027 final rule with comment period (CMS-1850-FC), 91 FR 70284 (Nov. 6, 2026); proposed rule (CMS-1850-P), 91 FR 41734 (July 7, 2026), RIN 0938-AV83

Final rule published Nov. 4, 2026; takes effect Jan. 1, 2027

Details for members

FinalRule

Medicare and Medicaid Programs; CY 2027 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies, final rule (CMS-1848-F), 91 FR 70992 (Nov. 9, 2026); proposed rule (CMS-1848-P), 91 FR 43842 (July 16, 2026), RIN 0938-AV82

Final rule published Nov. 4, 2026; takes effect Jan. 1, 2027

Details for members

Also relevant here: FDA, Technology-Enabled Meaningful Patient Outcomes (TEMPO) for Digital Health Devices Pilot, notice, 90 FR 56768 (Dec. 8, 2025) (under devices and FDA oversight).

Data and privacy

FinalGuidance

HHS Office for Civil Rights, Business Associates guidance (web page, content last reviewed July 30, 2026): AI chatbot example

Final guidance

Details for members

FinalGuidance

HHS Office for Civil Rights, Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates (bulletin issued December 2022, revised March 18, 2024)

Issued March 18, 2024

Details for members

In forceRule

Health Breach Notification Rule, final rule, 89 FR 47028 (May 30, 2024), RIN 3084-AB56, 16 CFR part 318

In force since July 29, 2024 (published May 30, 2024)

Details for members

ProposedRule

HIPAA Security Rule To Strengthen the Cybersecurity of Electronic Protected Health Information, proposed rule, 90 FR 898 (Jan. 6, 2025), RIN 0945-AA22

Proposed rule published Jan. 6, 2025

Details for members

IntroducedLaw

S. 3097, Health Information Privacy Reform Act, 119th Congress, reported by the Senate Health, Education, Labor, and Pensions Committee with an amendment (Calendar No. 538)

Bill in Congress

Details for members

Also relevant here: Executive Order 14355, Unlocking Cures for Pediatric Cancer With Artificial Intelligence, 90 FR 48153 (Oct. 7, 2025) (under government-wide AI policy).

Mental health AI

No federal statute, rule or final guidance is specific to AI in mental health care. FDA's Digital Health Advisory Committee met on generative AI-enabled digital mental health devices on Nov. 6, 2025, and FDA has issued no guidance on them since; Medicare's payment for digital mental health treatment devices is listed under payment.

Also relevant here: Medicare physician fee schedule payment for digital mental health treatment devices, HCPCS G0552, G0553 and G0554: CY 2025 final rule (CMS-1807-F), 89 FR 97710 (Dec. 9, 2024), expanded in the CY 2026 final rule (CMS-1832-F), 90 FR 49266 (Nov. 5, 2025) (under payment for AI); CMS Innovation Center, Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model (request for applications issued Dec. 5, 2025; version 1.1, Feb. 12, 2026) (under payment for AI); S. 3062, Guidelines for User Age-verification and Responsible Dialogue Act of 2026 (GUARD Act), 119th Congress, reported by the Senate Judiciary Committee with an amendment (Calendar No. 406) (under clinical decision and chatbot limits).

Patient disclosure of AI use

No federal statute or rule requires telling patients that AI is used in their care. Federal transparency duties run to device labeling and certified health IT, and those entries are listed under devices and clinical.

Also relevant here: 6 entries listed under other categories

Also relevant here: Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence-Enabled Device Software Functions: Guidance for Industry and Food and Drug Administration Staff (docket FDA-2022-D-2628) (under devices and FDA oversight); Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1), final rule, 89 FR 1192 (Jan. 9, 2024), RIN 0955-AA03; 45 CFR 170.315(b)(11), Decision support interventions (under clinical decision and chatbot limits); HHS Office for Civil Rights, Dear Colleague letter: Ensuring Nondiscrimination Through the Use of Artificial Intelligence and Other Emerging Technologies (Jan. 10, 2025) (under clinical decision and chatbot limits); Health Data, Technology, and Interoperability: ONC "Deregulatory Actions to Unleash Prosperity" (HTI-5), final rule, 91 FR 67916 (Oct. 28, 2026), Federal Register document 2026-21943, RIN 0955-AA09 (under clinical decision and chatbot limits); Artificial Intelligence-Enabled Device Software Functions: Lifecycle Management and Marketing Submission Recommendations; Draft Guidance for Industry and Food and Drug Administration Staff (docket FDA-2024-D-4488), notice of availability, 90 FR 1154 (Jan. 7, 2025) (under devices and FDA oversight); S. 3062, Guidelines for User Age-verification and Responsible Dialogue Act of 2026 (GUARD Act), 119th Congress, reported by the Senate Judiciary Committee with an amendment (Calendar No. 406) (under clinical decision and chatbot limits).

Government-wide AI policy

In effectExecutive order

Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence, 90 FR 8741 (Jan. 31, 2025)

Signed Jan. 23, 2025

Details for members

In effectPolicy

Winning the Race: America's AI Action Plan (White House, July 2025)

In effect since July 23, 2025

Details for members

In effectExecutive order

Executive Order 14355, Unlocking Cures for Pediatric Cancer With Artificial Intelligence, 90 FR 48153 (Oct. 7, 2025)

Signed Sept. 30, 2025

Details for members

In effectPolicy

HHS Artificial Intelligence (AI) Strategy, version 1.0 (issued Sept. 30, 2025)

In effect since Sept. 30, 2025

Details for members

In effectExecutive order

Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence, 90 FR 58499 (Dec. 16, 2025)

Signed Dec. 11, 2025

Details for members

In effectPolicy

OMB Memorandum M-25-21, Accelerating Federal Use of AI through Innovation, Governance, and Public Trust (April 3, 2025)

In effect since April 3, 2026

Details for members

DraftGuidance

FTC, Policy Statement Concerning the Suppression of Accuracy in Artificial Intelligence Systems (proposed), 91 FR 41638 (July 7, 2026)

Draft issued July 1, 2026

Details for members

Which federal rules apply to me: physician, practice owner, hospital.

Calendar of dates laws take effect (federal entries): subscribe or download the .ics file.

General information, not legal advice. The whole map is available as data at /law-map/laws.json.

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