DOC/NTIA and HHS/ONC Request Public Comments Related to Artificial Intelligence

NTIA Requests Comments on AI Accountability Measures; ONC Proposes New AI Health Care Standards

NTIA Requests Public Comments on AI System Accountability Measures and Policies

The National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce (DOC) is requesting public comments on artificial intelligence (AI) system accountability measures and policies.

The request focuses on self-regulatory, regulatory, and other measures and policies that are designed to provide reliable evidence to stakeholders that AI systems are legal, effective, ethical, safe, and otherwise trustworthy. In particular, NTIA seeks input on:

• What kinds of trust and safety testing should AI development companies and their enterprise clients conduct?
• What kinds of data access is necessary to conduct audits and assessments?
• How can regulators and other actors incentivize and support credible assurance of AI systems along with other forms of accountability?
• What different approaches might be needed in different industry sectors—like employment or health care?

Comments received will inform an NTIA report on AI accountability policy development with a focus on the AI assurance ecosystem.

Written comments must be received on or before June 10, 2023. Submit comments through the Federal e-Rulemaking Portal at www.regulations.gov, docket number NTIA-2023-0005.

View the NTIA Accountability Policy Request for Comment and NTIA press release for more information.

HHS Proposes New Standards for AI in Health Care

The U.S. Department of Health and Human Services (HHS)’s Office of the National Coordinator for Health Information Technology (ONC) has announced the upcoming publication of proposed rules for developers of AI used in health care who seek HHS certification.

HHS health IT certification is voluntary; however, it is required for technology that is used in many government and private health care settings.

The proposed rules:

• Require health IT developers to disclose what kinds of data inform their algorithms
• Require software developers to take up document risk management practices and provide real-world testing plans
• Require health IT developers to implement the Electronic Health record Reporting Program to support software purchasing decisions for health systems
• Include new limits to exceptions to an HHS rule barring health care providers from refusing to share patient data
• Include expanded standards governing the exchange of patient medical data
• Request feedback on pharmacy interoperability functionality in the certification program and lab data interoperability

The proposed rules will be published on April 18, 2022, and comments will be accepted until June 17, 2023, through www.regulations.gov, identified by RIN 0955-AA03. Prior to publication, the unpublished PDF version is available for download.