EFF files lawsuit against CMS for records on Medicare AI prior‑authorization program (WISeR)

What happened

EFF sued the Centers for Medicare & Medicaid Services in March to obtain records about the WISeR AI model used for prior authorizations. New documents reveal rushed rollout, vendor non‑compliance, and limited transparency on AI safeguards. The filing calls for stronger legal limits on government use of automated decision‑making.

Why it matters for trust and compliance

• Its status is filed. The case is still open; the outcome may change what it means.
• The lawsuit highlights privacy and AI‑governance concerns in a federal health program that automates care decisions.

Who is affected

Recommended actions

1. Check that privacy notices describe the practices this addresses.
2. Map the security requirements to existing controls and close gaps.
3. Inventory AI or automated decision systems in scope and their assessments.
4. Confirm handling of sensitive data categories meets the stricter rules.