California Attorney General Rob Bonta has sent a letter to the U.S. Department of Health and Human Services (HHS) opposing a proposed federal rule that would remove regulations designed to ensure transparency and reduce bias in healthcare technology. The proposal, titled “Health Data, Technology, and Interoperability: ASTP/ONC Deregulatory Actions To Unleash Prosperity,” seeks to eliminate certification criteria that require model cards for health products using artificial intelligence (AI). Model cards provide essential information about AI tools, including potential risks and details on how these models are developed and tested.
“New and emerging AI tools are used by many healthcare providers to make life-changing decisions, such as which patients to refer to specialists, which diseases to screen a patient for, or whether a reaction to an infection might be deadly. So, when AI gets it wrong in healthcare, the consequences can be deadly,” said Attorney General Bonta. “I oppose the Trump Administration’s proposed rollback of regulations that require clarity about how AI tools used in healthcare were developed and tested. Delivering safe, effective, and equitable access to healthcare services must be at the forefront of any attempt to integrate AI and healthcare.”
The model card requirement was introduced during the Biden Administration in response to increased use of automated decision-making based on electronic health records. This rule aims for greater transparency from software developers regarding their data sources and testing methods for fairness. Research has shown that algorithms trained on limited datasets may reinforce existing biases; one 2019 study found racial bias in an algorithm widely used by hospitals.
Attorney General Bonta’s letter argues that removing this requirement would take away one of the main safeguards at the federal level against biased or unsafe use of AI in healthcare. He points out that even those who develop or use these systems may not fully understand their internal processes, which can result in errors or discriminatory outcomes.
The letter also notes that eliminating model card requirements could complicate compliance with both federal laws like the Affordable Care Act—which prohibits discrimination based on protected status—and state laws. Last year, Bonta issued an advisory outlining California law as it applies to AI in healthcare settings.
Rob Bonta leads the California Attorney General’s office according to its official website, which is part of California’s executive branch and serves as the state’s chief law enforcement authority as outlined online. The office works statewide across California promoting civil rights, consumer protection, environmental justice and other policy areas. It also promotes transparency through public data initiatives like OpenJustice according to its site.
