In late December 2025, the Department of Health and Human Services (HHS) released two separate but related policy actions that, together, offer insight into the federal government’s current thinking about Artificial Intelligence (AI) in health care. One action takes the form of a broad Request for Information (RFI) seeking input on how AI is being used in clinical care and what barriers exist to wider adoption. The other is a proposed rule that would significantly scale back certain health IT certification and interoperability requirements. While the two actions operate through different mechanisms, both reflect an effort to reassess how federal policy intersects with rapidly evolving AI-enabled technologies. 

The first action, published December 23, 2025, is an RFI titled Accelerating the Adoption and Use of Artificial Intelligence as Part of Clinical Care. HHS is seeking detailed feedback on how AI tools are currently being deployed in clinical settings and where federal policy may be constraining their use. The RFI follows the release of HHS’ broader AI Strategy released earlier last month and appears intended to gather practical, real-world input before the Department takes further regulatory or programmatic steps. 

The RFI focuses heavily on implementation challenges. HHS asks stakeholders to describe regulatory, reimbursement and operational barriers that limit the use of AI in care delivery, as well as places where existing policies may not align well with AI-driven workflows. The notice also seeks input on payment models, data access, research priorities and opportunities for public-private collaboration. Instead of proposing specific policies, the RFI functions as an information-gathering exercise that could inform future rulemaking, guidance or demonstration programs. 

Just days later, on December 29, 2025, HHS also published a proposed rule that would amend longstanding health IT regulations established under the 21st Century Cures Act. The Health Data, Technology, and Interoperability: ASTP/ONC Deregulatory Actions to Unleash Prosperity proposal aims to reduce regulatory burden on health IT developers and other regulated entities. The rule proposes to remove or revise a substantial number of certification criteria within the ONC Health IT Certification Program and to make changes to information blocking definitions and exceptions. 

The proposed rule has direct relevance for AI-enabled technologies that rely on certified health IT infrastructure and interoperable data exchange and emphasizes modern application programming interfaces as foundational to data sharing, which is a core input for many AI tools. At the same time, the proposal indicates that certain transparency and documentation requirements introduced in earlier rulemaking (some of which applied to clinical decision support and algorithmic tools) would be scaled back or eliminated under the proposed changes. 

HHS’ regulatory impact analysis highlights anticipated cost savings associated with fewer certification requirements and streamlined oversight. The proposal also revisits information blocking policies, adjusting definitions and exceptions.  

Taken together, these two actions illustrate a federal policy posture that is simultaneously exploratory and deregulatory. The RFI signals that HHS is still in an information-gathering phase when it comes to understanding how AI is actually functioning in clinical practice and where federal policy may be misaligned with on-the-ground realities. The proposed rule, by contrast, reflects a more immediate effort to pull back from certain health IT requirements that have governed the digital infrastructure supporting clinical care, including AI-enabled applications. 

Both actions are open for public comment through late February 2026 and are likely to shape subsequent federal activity in the health AI space. AHPA will be submitting responses to both; if you would like to have your thoughts included, reach out to Rylie Granville on the Policy team at Rylie.Granville@AdventHealth.com.