California Attorney General Rob Bonta has voiced opposition to a proposed federal rule that would reduce requirements for transparency and bias protections in the use of artificial intelligence (AI) by healthcare providers. In a letter sent to the U.S. Department of Health and Human Services (HHS), Bonta criticized the proposal, which would remove certification criteria mandating that model cards accompany AI-powered health products.
Model cards are documents similar to nutrition labels that provide important information about AI models, including potential risks to patients and details on how the models were developed and tested. These cards help healthcare providers and regulators understand how AI tools function.
“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 as part of efforts to increase transparency among developers seeking certification for their healthcare software products. The rule aims to ensure developers disclose what data is used in training algorithms and whether these algorithms have been tested for fairness and lack of bias. Studies have shown that algorithms trained on limited datasets can perpetuate existing biases; one 2019 study found racial bias in an algorithm widely used by hospitals.
Attorney General Bonta warned that removing this requirement would eliminate a key safeguard at the federal level for using AI in healthcare settings. He argued that without model cards, both federal and state compliance becomes more difficult for providers—especially regarding anti-discrimination laws like those under the Affordable Care Act.
Last year, Bonta issued an advisory clarifying California’s legal requirements related to AI use in healthcare settings. He stated that eliminating model card requirements takes away an essential tool needed by providers striving for nondiscriminatory care.
The California Attorney General’s office plays several roles within state government: it promotes transparency through initiatives such as publishing criminal justice data via its OpenJustice portal (official website), enforces state laws across California (official website), protects public rights including civil rights and consumer protection (official website), advances policies related to economic security and environmental justice (official website), operates statewide (official website), forms part of California’s executive branch as outlined in its constitution (official website), and is led by Rob Bonta (official website).
