Right to Override Act
Sponsored By: Senator Markey, Edward J. [D-MA]
Introduced
Summary
Preserve clinicians' independent clinical judgment over AI clinical decision‑support outputs. This bill would require covered health care entities to ensure AI/CDSS informs but does not replace clinician judgment, allow timely overrides, and protect clinicians who override consistent with policy.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Who is covered by this law
If enacted, the bill would define who the law covers and what counts as AI clinical decision support. It would say covered employers include any business that pays health workers and is engaged in commerce. It would list many workers as health care professionals, including home health aides and health plan prior-authorization staff. It would also spell out what counts as an adverse employment action, like firing, pay cuts, demotion, revoking privileges, or burdensome schedules.
Employer rules on AI use and overrides
If enacted, employers who use AI for clinical decisions would need a written policy saying AI cannot replace clinicians' judgment. Health care professionals would be allowed to override AI outputs in a timely way when needed. Employers would have to train staff, accept clinician feedback, and set up a review committee to check AI performance and bias. The bill would mostly bar sharing override data that names a clinician, but would allow sharing to tell a patient about their care or in malpractice or other legal cases. HHS would prepare educational materials for employers and clinicians within one year.
Stronger enforcement and employer penalties
If enacted, federal and state agencies could investigate and penalize covered entities for violations. Workers could sue in federal court for actual damages, statutory damages, injunctive relief, and attorney fees. Statutory damages per violation would range from $5,000 to $20,000 for adverse-employment-action claims and $10,000 to $100,000 for whistleblower claims, and courts could award treble or actual damages in some cases. The Labor Secretary could seek civil penalties up to $76,987 per violation, and up to $769,870 for repeat violations, with yearly inflation adjustments. State attorneys general could sue on behalf of residents after notifying the federal Secretary. HHS OCR could also take complaints and impose penalties, and HHS and Labor would consult on rulemaking.
Malpractice and state law unchanged
If enacted, the bill would not protect clinicians from malpractice claims when they override an AI tool. It would also not override State laws or collective bargaining agreements. States and unions would keep their current powers and remedies.
Sponsors & CoSponsors
Sponsor
Markey, Edward J. [D-MA]
MA • D
Cosponsors
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 10/9/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 10/15/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov