Activities / What code does / Makes high-risk automated decisions

Makes health care decisions

health_care_decisions

Your app makes or scores decisions about a person's access to health care, such as coverage, prior authorization or triage.

  • scope code
  • in the registry since 1.4
  • 16 laws in 12 jurisdictions name it

What triggers it

The lint's definition. It makes or scores decisions about a person's access to health care: eligibility, coverage, prior authorization, utilization review or triage. Diagnosis by a medical device is not this.

This covers a prior-authorization engine, a utilization-review model that recommends a denial, and a triage tool that sets who is seen first.

It implies Makes high-risk automated decisions, so the rules written for every such decision reach it too.

What does not

Diagnosis by a medical device is not this; it is a decision about a condition, not about access to care.

Often confused with Handles health records and Makes high-risk automated decisions.

The law it brings into scope

The kinds of law that name this activity in the LexLint law library, with the number of laws and jurisdictions in each, as of . The examples are chosen by rule, laws in force first and the widest jurisdiction first; each section's page lists every law.

Area of lawLawsJurisdictions
AI law

Tell people when they are dealing with an AI system or its output, and control the uses the law calls high-risk.

16 12

This activity implies Makes high-risk automated decisions, so every law that names that activity reaches it too. These areas of law reach it only that way:

  • Privacy law: 372 laws in 179 jurisdictions, through Makes high-risk automated decisions

    Have a legal basis for personal data, honor people's rights over it, and report a breach.

  • Cybersecurity law: 91 laws in 67 jurisdictions, through Makes high-risk automated decisions

    Build software securely, handle reported flaws, and report incidents on a deadline.

  • Product and AI liability law: 24 laws in 22 jurisdictions, through Makes high-risk automated decisions

    Answer in damages when defective software or an AI system causes harm.

The law written for health care decisions

Every law in the LexLint law library written for health care decisions, by jurisdiction, each country before its states and cities, as of . The domain tags are our reading of each law's scope, not the publisher's.

JurisdictionLaw
California
Colorado
Delaware
Georgia
Illinois
Indiana
Maine
Nebraska
Nevada
Rhode Island
Tennessee
Texas

Every law that names Makes high-risk automated decisions reaches health care decisions too, because it covers automated decisions of every kind: 587 laws in 204 jurisdictions. 193 of those jurisdictions have no law written for health care decisions.

Counterparties that usually come with it

  • a health plan or utilization-review organization

A component that cannot run as documented without one of these names it in its ACTIVITIES.md under talks_to, with required: true. That party's jurisdiction then joins the run of every product that uses the component, and the finding says why it is there. A default the deployer can change is asked about, never added. Talking to a party never makes a product that party.

In a declaration

A library or framework that makes this possible enables it; an application whose shipped code does it performs it.

For a library

activities: - id: health_care_decisions mentioned: enables enabled: requires_configuration where: [<the module that carries it>] note: <one sentence>

For an application

activities: - id: health_care_decisions mentioned: performs enabled: by_default where: [<the module that carries it>] note: <one sentence: what it does, and the kind of law it attracts>

History

In the registry since version 1.4, .

Added for Ensuring Transparency in Prior Authorization Act, artificial-intelligence utilization review restriction (Nebraska), the law that turns on it.

In the glossary: Makes health care decisions.

The activity registry is LexLint's open list; this page's text is licensed under Creative Commons Attribution 4.0.