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The Department of Health and Human Services has proposed a rule to prohibit clinical algorithms from discriminating against individuals based on race, color, national origin, sex, age, or disability. It is an important step toward addressing an urgent issue. Yet as articulated, the rule is untenable for health care entities and contains significant limitations that could undermine its effectiveness.

We represent a team of clinical, regulatory, innovation, technical, and operational leaders at health systems across the United States, as well as policy and regulatory experts outside of health systems, that recently launched the Health AI Partnership, funded by the Gordon and Betty Moore Foundation. This partnership aims to advance how health systems adopt clinical algorithms.

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