Does CMS Medicare Advantage AI Rule require Human Oversight?

United States • enforcing

Yes — 1 provision

Requirements at a glance

This regulation imposes 5 specific requirements for Human Oversight across 1 provision:

Clinician Oversight Mandate #

Obligation:
Human Oversight
enforcing
Effective:
Jan 1, 2024
Risk tier:
high-risk
Scope:
Medicare Advantage organizations and plans

Requirements

RequirementDetails
No sole reliance on AIAI predictions cannot be sole basis for denying, reducing, or limiting services
Individual circumstancesCoverage decisions must rely on individual patient history and circumstances, not population-level algorithms alone
No alteration of public criteriaAI tools may not alter publicly available coverage criteria
Clinician final sayLicensed clinicians must have final decision authority in utilization management
Tool vettingMA plans must vet and validate AI tools used in UM; required audit under February 2024 CMS guidance

Penalties

ViolationFine
Non-complianceCMS enforcement; potential plan sanctions
View full regulation View obligation Obligation matrix