45 CFR 92.210: nondiscrimination in patient-care decision support

AI-use reference. Current eCFR text; apply subject to partial vacatur of 2024 rule's gender-identity expansion. Applies to: Covered health programs/activities under ACA Section 1557 and 45 CFR Part 92, including qualifying federally assisted activities; not all municipal computing or health-related data. Requirements or purpose: Do not discriminate through patient-care decision-support tools; make ongoing reasonable efforts to identify tools using protected-characteristic input variables and mitigate resulting discrimination risks. Limits: HHS June 1 2026 notice confirms a partial gender-identity vacatur, not repeal of all protections; it says race/color/national-origin/age/disability protections continue. Applies to decision-support tools including algorithmic uses, not an across-the-board city AI policy. Distinct from HIPAA privacy/security rules.