Governed clinical decision support, prior auth, and adaptive SaMD.

AI governance and compliance for healthcare AI: the regulatory perimeter inside which AI-driven clinical workflows and adaptive-learning medical devices now operate.

  • 01AI-driven clinical decision support (prior-auth decisions, treatment recommendations, diagnostic triage) crosses the FDA medical-device boundary when the AI directly influences treatment. The Predetermined Change Control Plan (PCCP) framework requires pre-specified bounds on how an adaptive model may change in the field, with evidence of bounded behavior throughout the device lifecycle.
  • 02HHS Section 1557 (AI Nondiscrimination Final Rule, in force May 2025, full phase-in May 2026) prohibits discrimination in patient-care decision-support tools, including AI. The 4/5 disparate-impact rule from the EEOC applies. Covered entities must demonstrate active monitoring, mitigation, and documented risk-identification for every clinical decision-support tool in use.
  • 03CMS Final Rule on prior-auth (2024) requires per-decision documentation of clinical evidence and guideline alignment in algorithmic prior-authorization. Washington's My Health My Data Act extends consent and audit-trail requirements to AI-inferred health data. EU Medical Device Regulation 2017/745 treats ML-driven SaMD as high-risk medical device with conformity-assessment obligations.
  • 04EU AI Act Article 9 (deferred under Digital Omnibus on AI to 2 Dec 2027 standalone, 2 Aug 2028 embedded) classifies healthcare AI as high-risk. Article 12 record-keeping obligations require the per-decision artifact that a model card alone cannot produce.
  • 05The per-decision audit record satisfies all of the above on one chain: the clinical evidence score, the guideline alignment, the disparate impact ratio against the matched cohort, and a divergence record against the FDA-approved PCCP envelope at the moment the model self-updates. The CMO, the FDA reviewer, and the patient's appeal counsel all read the same record.

The healthcare-AI regulatory surface, by the calendar.

Every framework below is enforceable today or about to be. Velma evidence is the format both sides expect.

7
5

Open deadlines

7 approaching

Sorted by soonest deadline first.

0days to enforcement
Jan 01, 2026

TRAIGA: Texas Responsible AI Governance Act (HB 149)

AI used in consumer-facing decisions (including lending, insurance, healthcare, employment, and housing) must meet documented governance, impact-assessment, and disclosure obligations enforced by the Texas Attorney General.

Texas joins Colorado as the second comprehensive U.S. state AI law. Penalties are tiered and per-violation.

0days to enforcement
Jul 01, 2026

AI Bill 2338/2023 (Marco Legal da IA)

Comprehensive AI regulation covering high-risk AI in lending, healthcare, employment, and public services, with risk classification, governance documentation, and impact assessments enforced by the ANPD.

Status: pending bill (PL 2338/2023), not yet enacted. No statutory effective date exists; the date shown is a planning estimate pending the Chamber of Deputies vote.

134days to enforcement
Dec 09, 2026

Product Liability Directive (Revised)

AI systems and software are treated as products under EU law. Strict-liability for defects, with reversed burden of proof when claimants face technical complexity barriers.

Lending, healthcare, and agentic-AI vendors now carry product-defect liability. Tamper-evident audit evidence is the primary defense.

157days to enforcement
Jan 01, 2027

Colorado AI Act (SB 24-205 repealed; replaced by SB 26-189, ADMT framework)

SB 24-205 was repealed before taking effect and replaced by SB 26-189, an automated decision technology (ADMT) framework. High-risk AI deployers must document governance, risk assessment, and consumer notice under the replacement law.

Colorado's original 2026 AI law never took effect. SB 26-189 (signed 2026-05-14) takes effect 2027-01-01 as the operative ADMT regime.

492days to enforcement
Dec 02, 2027

EU AI Act: Article 9 (Risk Management)

High-risk AI (credit scoring, healthcare devices, fraud screening, worker management) must ship with documented risk management and regulator-readable evidence.

Original 2 Aug 2026 deadline deferred by the Digital Omnibus on AI provisional agreement (May 2026). Standalone systems now in force 2 Dec 2027; embedded systems 2 Aug 2028. Fines up to 7% of global turnover. Deferral confirms the audit-format gap; it does not eliminate it.

492days to enforcement
Dec 02, 2027

EU AI Act: High-Risk Annex III Conformity

Full conformity for the eight Annex III high-risk categories (including credit scoring, employment, education, law enforcement, and democratic processes) alongside Article 9.

Original 2 Aug 2026 deadline deferred by the Digital Omnibus on AI provisional agreement. Pulls every adaptive AI product touching one of these surfaces into the formal conformity-assessment process on the new date.

736days to enforcement
Aug 02, 2028

EU AI Act: Phase 3 Final Conformity

Full conformity for high-risk AI in regulated products under Article 6, and the end of the grandfather window for embedded systems.

Original 2 Aug 2027 deadline deferred to 2 Aug 2028 by the Digital Omnibus on AI provisional agreement. The legacy carve-out closes on this date. Every covered system in the field must produce the full evidence package.

Already in force

5 examinable

The examiner can cite any of these on first request.

452days examinable
May 01, 2025

Section 1557: AI Nondiscrimination Final Rule

Healthcare entities receiving federal financial assistance must prevent discrimination in patient-care decision-support tools (including AI) and document risk identification, mitigation, and monitoring.

First federal healthcare AI nondiscrimination rule. Audit-grade evidence is the affirmative defense.

452days examinable
May 01, 2025

Section 1557: Phase-In Final Compliance

Final phase of patient-care AI nondiscrimination compliance. Covered entities must demonstrate active monitoring, mitigation, and documented risk-identification for all clinical decision-support tools in use.

In force since 2025-05-01. The patient-care decision-support (AI/algorithm) nondiscrimination obligation is live; covered entities must show identification, mitigation, and monitoring.

600days examinable
Dec 04, 2024

Predetermined Change Control Plans: Final Guidance

ML-enabled medical devices must pre-specify the envelope within which the model may adapt in the field, and provide ongoing evidence of bounded behavior.

SaMD adaptive-ML is now governable without per-update 510(k). Evidence of envelope adherence is the regulatory ask.

848days examinable
Mar 31, 2024

My Health My Data Act

Consumer health data (including data inferred by AI) is protected with strict consent, processing, and audit-trail requirements.

Health-AI providers must produce per-decision audit evidence on demand. State template likely to spread.

1,888days examinable
May 26, 2021

Medical Device Regulation 2017/745: ML-SaMD

Medical device software, including ML-driven SaMD, must meet conformity assessment, post-market surveillance, and clinical evaluation evidence requirements.

Forces evidence of bounded behavior over the full device lifecycle. PCCP-equivalent rules now under negotiation in EU.

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