119-s2997

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2997 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2997

To protect the independent judgment of health care professionals acting 
 in the scope of their practice in overriding AI/CDSS outputs, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 9, 2025

 Mr. Markey (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

To protect the independent judgment of health care professionals acting 
 in the scope of their practice in overriding AI/CDSS outputs, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Right to Override Act''.

SEC. 2. TABLE OF CONTENTS.

 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.
 TITLE I--POLICIES FOR USING AND OVERRIDING AI/CDSS

Sec. 101. Policies with respect to using and overriding AI/CDSS.

Sec. 102. Enforcement.

Sec. 103. Regulations.
 TITLE II--ADVERSE EMPLOYMENT ACTIONS; WHISTLEBLOWER PROTECTIONS

Sec. 201. Prohibition on adverse employment actions.

Sec. 202. Whistleblower protections.

Sec. 203. Enforcement.

Sec. 204. Regulations.
 TITLE III--GENERAL PROVISIONS

Sec. 301. Educational materials for covered entities and health care 
 professionals.

Sec. 302. State enforcement.

Sec. 303. Rule of construction.

Sec. 304. Non-preemption.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Adverse employment action.--The term ``adverse 
 employment action'', with respect to a health care 
 professional, includes--
        (A) the termination, suspension, or demotion of the 
 health care professional from a job;
        (B) any disciplinary action or retaliatory 
 investigation against the health care professional;
            (C) the imposition of a work schedule that is more 
 burdensome to the health care professional;
            (D) the failure of the health care professional to 
 receive, or any adverse adjustment in the ability of 
 the health care professional to receive, a promotion;
        (E) the denial of the health care professional in 
 receiving or being eligible to receive--
            (i) compensation, including the denial of 
 an increase in compensation; or
            (ii) any other job-related benefit or 
 opportunity, including for telework, training, 
 or travel;
        (F) revocation of admitting privileges;
        (G) a reassignment of a duty or the assignment of a 
 duty inappropriate for the job, skill set, or 
 experience of the health care professional;
        (H) a change in the ability to practice at a 
 location for which the health care professional would 
 otherwise be able;
            (I) an adverse evaluation or performance review;
        (J) any other modification to the terms, 
 conditions, or privileges of employment or work of the 
 health care professional that, from the perspective of 
 a reasonable person, puts the health care professional 
 in a materially adverse position when compared to the 
 position of the professional prior to the modification; 
 and
        (K) any other action or inaction that results in 
 the health care professional being in a materially 
 adverse position when compared to the position of the 
 professional prior to the action or inaction.

    (2) Artificial intelligence clinical decision support 
 system; ai/cdss.--The term ``artificial intelligence clinical 
 decision support system'' or ``AI/CDSS'' means technology 
 that--
        (A) supports decision-making based on algorithms, 
 or models, based in clinical practice guidelines or 
 that derive relationships from training data, including 
 such algorithms or models that are developed using 
 unsupervised learning models; and
        (B) produces an output that results in a 
 prediction, classification, recommendation, evaluation, 
 or analysis.

    (3) AI/CDSS output.--The term ``AI/CDSS output'' means any 
 recommendation, decision, or other output of AI/CDSS.

    (4) Commerce; industry or activity affecting commerce.--The 
 terms ``commerce'' and ``industry or activity affecting 
 commerce'' have the meanings given such terms in 

section 101 of 
 the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).

    (5) Covered entity.--The term ``covered entity''--
        (A) means any individual or entity that--
            (i) employs, or otherwise engages in the 
 performance of work for remuneration, a health 
 care professional; and
            (ii) is engaged in commerce (including 
 government), or an industry or activity 
 affecting commerce (including government); and
        (B) includes such an individual or entity that is--
            (i) a health care facility in any setting, 
 such as a nurse's office in a school setting; 
 or
            (ii) a health plan or an administrator of a 
 health plan.

    (6) Engaged in the performance of work for remuneration.--
 The term ``engaged in the performance of work for 
 remuneration'', with respect to an individual performing work 
 for a covered entity, includes the individual having admitting 
 privileges for the covered entity without regard to whether 
 such individual is employed by such entity.

    (7) Health care professional.--The term ``health care 
 professional''--
        (A) means an individual--
            (i) licensed, registered, or certified 
 under Federal or State laws or regulations to 
 provide health care services; or
            (ii) required to be so licensed, 
 registered, or certified but that is exempted 
 by other statute or regulation; and
        (B) includes--
            (i) an individual described in subparagraph
        (A) without regard to whether the individual 
 works at a health care facility, including a 
 home health aide or a home care provider; and
            (ii) an individual who is employed by, or 
 otherwise engaged in the performance of work 
 for remuneration for, a health plan to make 
 prior authorization determinations or other 
 determinations regarding coverage under a 
 health plan.

    (8) Health care services.--The term ``health care 
 services'' means any services that relate to--
        (A) the diagnosis, prevention, or treatment of any 
 human disease or impairment;
        (B) the assessment or care of the health of human 
 beings; or
            (C) making prior authorization determinations or 
 other determinations regarding coverage under a health 
 plan.

    (9) Health plan.--The term ``health plan'' has the meaning 
 given the term in 

section 3000 of the Public Health Service Act 
 (42 U.S.C. 300jj).

    (10) Override.--The term ``override'', with respect to an 
 AI/CDSS output, means making a decision contrary to such 
 output.

    (11) Override data.--The term ``override data''--
        (A) means any data related to adherence to or 
 deviation from AI/CDSS outputs; and
        (B) includes--
            (i) any such data that is metadata or audit 
 data; or
            (ii) any such data related to a particular 
 health care professional or group of health 
 care professionals, or related to a particular 
 AI/CDSS.

    (12) State.--The term ``State'' has the meaning given the 
 term in 

section 3000 of the Public Health Service Act.

 TITLE I--POLICIES FOR USING AND OVERRIDING AI/CDSS

SEC. 101. POLICIES WITH RESPECT TO USING AND OVERRIDING AI/CDSS.

    (a) In General.--A covered entity that uses AI/CDSS shall--

    (1) adopt and adhere to a policy with respect to such 
 usage--
        (A) that ensures that AI/CDSS outputs are not 
 substituted for the independent judgment of a health 
 care professional employed by, or otherwise engaged in 
 the performance of work for remuneration for, the 
 covered entity while such health care professional is 
 acting in the scope of practice of such health care 
 professional;
        (B) that allows such a health care professional to 
 override an AI/CDSS output in a timely manner if, at 
 the time of the override, in the judgment of the health 
 care professional acting in the scope of practice of 
 the health care professional, such an override is 
 appropriate for the patient, or as necessary to comply 
 with applicable law, including civil rights law;
            (C) that allows health care professionals and their 
 representatives to provide feedback on AI/CDSS, 
 including incorrect or biased outputs that require 
 frequent override; and
            (D) that prohibits the sharing of override data 
 on--
            (i) a specific health care professional; or
            (ii) a group of health care professionals 
 when the identity of those professionals can be 
 reasonably inferred;

    (2) inform health care professionals employed by, or 
 otherwise engaged in the performance of work for remuneration 
 for, the covered entity, and the representatives of such health 
 care professionals, of the policy under paragraph

    (1) , 
 including the presence of AI/CDSS in the workplace and the 
 ability of such health care professionals to override an AI/
 CDSS output;

    (3) provide training to such health care professionals on--
        (A) how to use AI/CDSS;
        (B) the circumstances where an AI/CDSS override is 
 appropriate;
            (C) how to override an AI/CDSS output;
            (D) AI/CDSS development processes and any data or 
 other inputs involved in such processes; and
        (E) any potential limitations for AI/CDSS, 
 including any potential areas of bias in the AI/CDSS;

    (4) establish and maintain an AI/CDSS committee that 
 shall--
        (A) convene upon the date that is later of--
            (i) the date of the adoption of AI/CDSS at 
 the covered entity; or
            (ii) 120 days after the date of enactment 
 of this Act;
        (B) be comprised of at least as many non-managers 
 as managers;
            (C) include membership of any labor organization, 
 or other authorized representative, of health care 
 professionals employed by, or otherwise engaged in the 
 performance of work for remuneration for, the covered 
 entity;
            (D) provide consultation to the covered entity in 
 developing policies and practices related to the use of 
 AI/CDSS, including policy required under subparagraphs
        (A) through
            (D) of paragraph

    (1) ; and
        (E) meet at least quarterly to--
            (i) review implementation of policies 
 adopted by the covered entity with respect to 
 AI/CDSS; and
            (ii) report to the covered entity on 
 findings and suggestions for improvements; and

    (5) review--
        (A) all findings and suggestions from the AI/CDSS 
 committee provided under paragraph

    (4)
        (E)
            (ii) ; and
        (B) any other feedback from health care 
 professionals employed by, or otherwise engaged in the 
 performance of work for remuneration for, the covered 
 entity on the AI/CDSS technology and the policies of 
 the entity with respect to such technology, including 
 by reviewing any such feedback on patterns of issues 
 with the AI/CDSS, such as incorrect or biased outputs 
 that require frequent override.

    (b) Data Sharing Exception.--The prohibition under subsection

    (a)

    (1)
            (D) shall not apply--

    (1) in a case in which a covered entity is informing a 
 patient or an authorized representative of a patient about a 
 decision rendered in the administration of the care of such 
 patient; or

    (2) in a case of a civil, criminal, or administrative 
 action involving medical malpractice, negligence, or violation 
 of any law.
            (c) Oversight Mechanism.--Nothing in this Act shall prohibit a 
covered entity from reviewing the performance outcomes of AI/CDSS.

SEC. 102. ENFORCEMENT.

    (a) In General.--Except as provided in subsection
            (c) , the 
Secretary of Health and Human Services, acting through the Office for 
Civil Rights (referred to in this title as the ``Secretary''), shall 
receive, investigate, and attempt to resolve, including through 
imposing civil monetary penalties, complaints of violations of this 
title in the same manner as the Secretary receives, investigates, and 
attempts to resolve, including through imposing civil monetary 
penalties, complaints of violations of part C of title XI of the Social 
Security Act (42 U.S.C. 1320d et seq.).

    (b) Civil Monetary Penalties.--The provisions of 

section 1128A of 
the Social Security Act (42 U.S.C. 1320a-7a) (other than subsections

    (a) and

    (b) and the second sentence of subsection

    (f) ) shall apply to 
the imposition of a civil monetary penalty under this section in the 
same manner as such provisions apply to the imposition of a penalty 
under such 

section 1128A.
            (c) Exception.--No complaint of a violation of this title shall be 
referred to the Attorney General for investigation as a criminal 
violation.

SEC. 103. REGULATIONS.

    (a) In General.--The Secretary may prescribe such regulations as 
may be necessary to carry out this title.

    (b) Consultation.--In prescribing any regulations authorized under 
this section, the Secretary--

    (1) shall consult with the Secretary of Labor; and

    (2) may consult with--
        (A) other Federal agencies that have expertise in 
 artificial intelligence or health care; and
        (B) other Federal agencies that have jurisdiction 
 over labor and employment issues, including the Equal 
 Employment Opportunity Commission, the Department of 
 Justice, and the National Labor Relations Board.

 TITLE II--ADVERSE EMPLOYMENT ACTIONS; WHISTLEBLOWER PROTECTIONS

SEC. 201. PROHIBITION ON ADVERSE EMPLOYMENT ACTIONS.

 No covered entity shall take an adverse employment action against a 
health care professional employed by, or otherwise engaged in the 
performance of work for remuneration for, the covered entity because 
the health care professional overrides an AI/CDSS output in a manner 
consistent with the requirements under 

section 101.

SEC. 202. WHISTLEBLOWER PROTECTIONS.

 No covered entity shall discriminate or retaliate (including 
through intimidation, threats, coercion, or harassment) against any 
individual employed by, or otherwise engaged in the performance of work 
for remuneration for, the covered entity--

    (1) because the individual exercises, or attempts to 
 exercise, any right provided under this Act; or

    (2) because the individual (or another individual or 
 representative acting at the request of the individual) has--
        (A) filed a written or oral complaint to the 
 covered entity or a Federal, State, local, or Tribal 
 government entity of a possible violation of this Act;
        (B) sought assistance or intervention with respect 
 to an AI/CDSS-related concern from the covered entity, 
 a Federal, State, local, or Tribal government, or any 
 individual or entity representing workers;
            (C) instituted, caused to be instituted, or 
 otherwise participated in any inquiry or proceeding 
 under or related to this Act;
            (D) given, or is about to give, any information in 
 connection with any inquiry or proceeding relating to 
 any right provided under this Act;
        (E) testified, or is about to testify, in any 
 inquiry or proceeding relating to any right provided 
 under this Act; or
        (F) discussed a possible violation of this Act with 
 a co-worker.

SEC. 203. ENFORCEMENT.

    (a) Enforcement by Department of Labor.--

    (1) Investigation.--
        (A) In general.--To ensure compliance with this 
 title, the Secretary of Labor (referred to in this 
 title as the ``Secretary'')--
            (i) shall have--
            (I) the investigative authority 
 provided under 

section 11

    (a) of the 
 Fair Labor Standards Act of 1938 (29 
 U.S.C. 211

    (a) ); and
            (II) the subpoena authority 
 provided under 

section 9 of such Act 
 (29 U.S.C. 209); and
            (ii) may require, by general or special 
 orders, a covered entity to file with the 
 Secretary, in such form as the Secretary may 
 prescribe, annual or special reports or answers 
 in writing to specific questions (including 
 information and records) as the Secretary may 
 require as to the organization, business, 
 conduct, practices, management, and relation to 
 other corporations, partnerships, and 
 individuals, of the covered entity.
        (B) Reports and answers.--A covered entity shall 
 file any reports and answers (including information and 
 records) required under subparagraph
        (A)
            (ii) in such 
 manner, including under oath or otherwise, and within 
 such reasonable time period as the Secretary may 
 require.
            (C) Joint investigations.--The Secretary may 
 conduct investigations and make requests for 
 information, as authorized under this Act, on a joint 
 basis with another Federal agency, a State attorney 
 general, or a State agency.
            (D) Obligation to keep, preserve, and make 
 available records.--A covered entity shall make, keep, 
 preserve, and make available to the Secretary records 
 pertaining to compliance with this title in accordance 
 with 

section 11
            (c) of the Fair Labor Standards Act of 
 1938 (29 U.S.C. 211
            (c) ) and in accordance with any 
 regulation or order issued by the Secretary.

    (2) Enforcement.--The Secretary shall receive, investigate, 
 and attempt to resolve complaints of violations of this title 
 in the same manner that the Secretary receives, investigates, 
 and attempts to resolve complaints of violations of sections 6 
 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 
 and 207).

    (3) Civil monetary penalties.--Subject to subsection
            (c) , 
 the Secretary may impose a civil monetary penalty on any person 
 that violates this title--
        (A) in an amount of not more than $76,987 per 
 violation; or
        (B) for repeat violations, in an amount of not more 
 than $769,870 per violation.

    (4) Administrative complaints.--An individual adversely 
 affected by an alleged violation of this title may--
        (A) file a complaint of a violation of this title 
 with the Secretary; and
        (B) designate a representative of a labor 
 organization, regardless of the relationship between 
 the individual and the labor organization, to--
            (i) file the complaint on behalf of the 
 individual; or
            (ii) represent the individual for purposes 
 of engagement with the Secretary regarding such 
 complaint, including being present at worker 
 interviews and participating in workplace 
 inspections, conferences, and settlement 
 negotiations.

    (5) Litigation.--The Solicitor of Labor may appear for and 
 represent the Secretary on any litigation brought under this 
 subsection. If the Secretary determines that a covered entity 
 has violated this title, the Secretary may file a civil action 
 in any appropriate United States district court to obtain 
 injunctive relief to enforce this title.

    (6) Burdens of proof.--All complaints under this subsection 
 shall be governed by the legal burdens of proof set forth in 
 

section 42121

    (b) of title 49, United States Code.

    (b) Private Right of Action.--

    (1) In general.--Notwithstanding any action by the 
 Secretary under subsection

    (a) , any individual adversely 
 affected by an alleged violation of this title (or a 
 representative on behalf of such individual) may commence a 
 civil action against any covered entity that violates this 
 title in any Federal court of competent jurisdiction.

    (2) Relief.--
        (A) In general.--In a civil action brought under 
 paragraph

    (1) in which the individual described in such 
 paragraph prevails, the court may award the 
 individual--
            (i) damages of--
            (I) an amount equal to the sum of 
 any actual damages including back pay 
 sustained by the individual; or
            (II) not more than treble damages;
            (ii) statutory damages described in 
 subparagraph
        (B) ;
            (iii) injunctive relief;
            (iv) equitable relief;
            (v) reasonable attorney fees and litigation 
 costs; and
            (vi) while the action is pending, temporary 
 relief, including temporary reinstatement.
        (B) Statutory damages.--
            (i) In general.--The court may, in 
 accordance with clause
            (ii) , award statutory 
 damages under subparagraph
        (A)
            (ii) against a 
 covered entity in the following amounts:
            (I) For each violation of 

section 201 (regarding adverse employment 
 actions), the court may award damages 
 of an amount (subject to subsection
            (c) ) of not less than $5,000 and not 
 more than $20,000.
            (II) For each violation of 

section 202 (regarding whistleblower 
 protections), the court may award 
 damages of an amount (subject to 
 subsection
            (c) ) of not less than 
 $10,000 and not more than $100,000.
            (ii) Considerations for statutory 
 damages.--In determining the amount of 
 statutory damages assessed under this 
 subparagraph against a covered entity, the 
 court shall consider any relevant circumstances 
 presented by the parties to the action, 
 including--
            (I) the nature and seriousness of 
 the violation;
            (II) the number of violations;
            (III) the persistence of the 
 misconduct;
            (IV) the length of time over which 
 the misconduct occurred;
            (V) the willfulness of the 
 misconduct; and
            (VI) the assets, liabilities, and 
 net worth of the covered entity.

    (3) Remedies for state workers.--
        (A) Waiver of sovereign immunity.--A State's 
 receipt or use of Federal financial assistance for any 
 program or activity of a State shall constitute a 
 waiver of sovereign immunity, under the 11th Amendment 
 to the Constitution of the United States or otherwise, 
 to a suit under this subsection for the relief 
 described in paragraph

    (2) authorized under this 
 subsection brought by an individual employed under, or 
 otherwise engaged in the performance of work for 
 remuneration under, that program or activity.
        (B) Official capacity.--An official of a State may 
 be sued in the official capacity of the official by any 
 individual who has complied with the procedures under 
 this paragraph, for injunctive relief that is 
 authorized under this subsection. In such a suit the 
 court may award to the prevailing party those costs 
 authorized by 

section 722 of the Revised Statutes (42 
 U.S.C. 1988).
            (C) Applicability.--With respect to a particular 
 program or activity, subparagraph
        (A) applies to 
 conduct that occurs--
            (i) after the date of enactment of this 
 Act; and
            (ii) on or after the day on which a State 
 first receives or uses Federal financial 
 assistance for that program or activity.

    (4) Definition of program or activity.--In this subsection, 
 the term ``program or activity'' has the meaning given the term 
 in 

section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
 2000d-4a).
            (c) Inflation Adjustment.--

    (1) In general.--Subject to paragraphs

    (2) and

    (3) , the 
 Secretary, not later than September 1 of each calendar year, 
 shall adjust the dollar amounts referred to in subsections

    (a)

    (3) and

    (b)

    (2)
        (B)
            (i) by the percent increase, if any, in the 
 consumer price index for all urban consumers (United States 
 city average), or a successor index, as determined by the 
 Bureau of Labor Statistics, or a successor agency, for the most 
 recent 12-month period for which data is available.

    (2) Rounding.--Any adjustment under paragraph

    (1) that is 
 not a multiple of $10 shall be rounded to the nearest multiple 
 of $10.

    (3) Publication.--The Secretary shall publish the adjusted 
 amounts under paragraph

    (1) in the Federal Register, and on the 
 official website of the Department of Labor, not later than 
 October 1, of the applicable calendar year for the increase 
 under such paragraph.

    (4) Effective date.--Each adjustment under paragraph

    (1) shall take effect on January 1 of the first calendar year 
 beginning after the date of the increase under such paragraph.
            (d) Arbitration and Class Action.--Notwithstanding any other 
provision of law, no predispute arbitration agreement or predispute 
joint-action waiver shall be valid or enforceable with respect to any 
alleged violation of this title.

SEC. 204. REGULATIONS.

    (a) In General.--The Secretary may prescribe such regulations as 
may be necessary to carry out this title.

    (b) Consultation.--In prescribing any regulations authorized under 
this section, the Secretary--

    (1) shall consult with the Secretary of Health and Human 
 Services; and

    (2) may consult with--
        (A) other Federal agencies that have expertise in 
 artificial intelligence or health care; and
        (B) other Federal agencies that have jurisdiction 
 over labor and employment issues, including the Equal 
 Employment Opportunity Commission, the Department of 
 Justice, and the National Labor Relations Board.

 TITLE III--GENERAL PROVISIONS

SEC. 301. EDUCATIONAL MATERIALS FOR COVERED ENTITIES AND HEALTH CARE 
 PROFESSIONALS.

 Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services, in consultation with the 
Secretary of Labor, shall develop and disseminate education materials 
for--

    (1) covered entities with respect to the compliance of such 
 entities with the requirements under this Act; and

    (2) health care professionals to inform such professionals 
 of their rights and protections under this Act.

SEC. 302. STATE ENFORCEMENT.

    (a) In General.--In any case in which a State attorney general or a 
State privacy regulator has reason to believe that an interest of the 
residents of a State has been or is adversely affected by any covered 
entity that violates any provision of this Act, the State attorney 
general or State privacy regulator, as parens patriae, may bring a 
civil action on behalf of the residents of the State in an appropriate 
State court or an appropriate district court of the United States to--

    (1) enjoin further violation of such provision by the 
 covered entity;

    (2) compel compliance with such provision;

    (3) obtain damages, civil penalties, restitution, or other 
 compensation on behalf of the residents of the State; or

    (4) obtain reasonable attorney's fees and other litigation 
 costs reasonably incurred.

    (b) Rights of Agency.--Before initiating a civil action under 
subsection

    (a) , the State attorney general or State privacy regulator, 
as the case may be, shall notify the Secretary in writing of such civil 
action. Upon receiving such notice, the Secretary may--

    (1) intervene in such action; and

    (2) upon intervening--
        (A) be heard on all matters arising in such civil 
 action; and
        (B) file petitions for appeal of a decision in such 
 action.
            (c) Preemptive Action by Agency.--In any case in which a civil 
action is instituted by or on behalf of the Secretary for a violation 
of this Act, a State attorney general or State privacy regulator may 
not, during the pendency of such action, institute a civil action 
against any defendant named in the complaint in the action instituted 
by or on behalf of the Secretary for a violation that is alleged in 
such complaint. In a case brought by the Secretary that affects the 
interests of a State, the State attorney general or State privacy 
regulator may intervene as of right pursuant to the Federal Rules of 
Civil Procedure.
            (d) Preservation of State Powers.--Except as provided in subsection
            (c) , no provision of this Act shall be construed as altering, limiting, 
or affecting the authority of a State attorney general or State privacy 
regulator to--

    (1) bring an action or other regulatory proceeding arising 
 solely under the laws in effect in that State; or

    (2) exercise the powers conferred on the State attorney 
 general or State privacy regulator by the laws of the State, 
 including the ability to conduct investigations, administer 
 oaths or affirmations, or compel the attendance of witnesses or 
 the production of documentary or other evidence.

    (e) Definition of Secretary.--In this section, the term 
``Secretary'' means--

    (1) with respect to a violation of title I, the Secretary 
 of Health and Human Services; and

    (2) with respect to a violation of title II, the Secretary 
 of Labor.

SEC. 303. RULE OF CONSTRUCTION.

 Nothing in this Act shall protect a health care professional from a 
medical malpractice or negligence claim for health care services 
provided through overriding an AI/CDSS output.

SEC. 304. NON-PREEMPTION.

 Nothing in this Act shall preempt a State law or collective 
bargaining agreement.
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