The record

Where automated decisions went wrong

Incidents gathered from public reporting around the world. Each one links to the articles it came from. None of it is a finding that anyone broke the law.

Reports people file about their own experience are not shown here and never will be without their agreement. Tell us what happened to you.

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117 incidents closest to “Risk Adjustment” · matched on meaning · public reporting

Humana sued for using AI to deny seniors rehabilitation care

Health insurer Humana is accused in a class-action lawsuit of using an AI algorithm to systematically deny rehabilitation care to Medicare Advantage patients, despite recommendations from their doctors. The lawsuit, filed on December 12, 2023, alleges that the AI tool restricted medically necessary care. This is the second major health insurer to face legal action over its use of AI to deny care.

Company involved
Humana

9 source articles · read the reporting →

Judge rules lawsuit over UnitedHealth’s AI care denials can move forward - STAT

The system denied necessary medical care to Medicare Advantage beneficiaries.

Company involved
UnitedHealth Group

1 source article · read the reporting →

WF-LN1XAB1 Jan 2021

California EDD's automated fraud detection wrongly suspended 600,000 legitimate unemployment claims

In January 2021, the California Employment Development Department used Thompson Reuters automated batch review software to flag 1.1 million unemployment claims as potentially fraudulent. EDD stopped payments on those claims without prior notice. Later, over 600,000 were confirmed as legitimate after claimants used ID.me to verify their identity. The incident highlights the trade-off between fraud prevention and timely benefit access.

Company involved
California Employment Development Department (EDD)
AI system involved
Thompson Reuters Automated Batch Review

7 source articles · read the reporting →

WF-FSZ9XQ15 Apr 2021

Apple Watch algorithm changes raise research data concerns

Harvard biostatistician JP Onnela found that heart rate variability data exported from an Apple Watch at two different times showed inconsistencies for the same time period, suggesting Apple's algorithms change without warning. The discovery led Onnela's team to abandon plans to use Apple Watches in research studies. Apple said changes to its algorithms only apply to data going forward and did not explain the discrepancy.

Company involved
Apple
AI system involved
Apple Watch

6 source articles · read the reporting →

EvenUp AI errors in personal injury demand letters lead to scrutiny

EvenUp, a legal tech startup valued at $1 billion, uses AI to draft personal injury demand letters. Former employees revealed that the AI system frequently makes errors, including missing injuries and fabricating medical conditions. The company defends its hybrid approach with human oversight, but critics allege overpromised AI capabilities.

Company involved
EvenUp

6 source articles · read the reporting →

Black man alleges racial bias in kidney transplant algorithm

An African American man has filed a lawsuit in federal court alleging that the algorithm used to determine kidney transplant priority is racially biased. The plaintiff, a Los Angeles barber, claims the algorithm puts Black patients lower on the waitlist, denying them timely access to organs. He seeks damages and a higher position on the list.

7 source articles · read the reporting →

WF-BMI81A1 Jan 2020

UNOS liver allocation policy reduces transplants in poorer states

The United Network for Organ Sharing (UNOS) implemented a new liver allocation policy in 2020 called the acuity circles system, which prioritizes the sickest patients regardless of location. An analysis by The Markup and The Washington Post found that the policy led to sharp declines in liver transplants in several Southern and Midwestern states and Puerto Rico, while increasing transplants in New York and California. Patients in affected states allege the system disadvantages poorer regions, and hospitals have sued to overturn the policy.

Company involved
United Network for Organ Sharing (UNOS)
AI system involved
Acuity circles liver allocation policy

10 source articles · read the reporting →

WF-QW9Z288 Mar 2024

NHS plans AI to listen to appointments and generate notes

The UK's National Health Service announced plans to use AI to automatically generate notes from patient appointments. Health Secretary Victoria Atkins said the scheme would reduce admin time. Privacy campaigners raised concerns about data security and accuracy, citing an incident where AI misheard the chief medical officer's name. The Department of Health and Social Care stated that patient confidentiality remains a top priority.

Company involved
National Health Service (NHS)

3 source articles · read the reporting →

WF-YDH39P1 Jan 2013

Swedish welfare agency's AI system flags marginalized groups for fraud investigations

Försäkringskassan, Sweden's Social Insurance Agency, uses an AI risk-scoring system to flag welfare applicants for fraud investigations. The system disproportionately targets women, individuals with foreign backgrounds, low-income earners, and those without university degrees, according to an investigation by Lighthouse Reports and Svenska Dagbladet. Amnesty International has called for the system to be discontinued, citing violations of the right to equality and non-discrimination.

Company involved
Försäkringskassan (Swedish Social Insurance Agency)

6 source articles · read the reporting →

WF-IF8R041 Apr 2021

Betfair algorithm failed to flag gambling addict before his suicide

Luke Ashton, a 40-year-old gambling addict from Leicester, died by suicide in April 2021 after building up huge debts betting online. An inquest found that Betfair's algorithm assessed him as low risk and did not intervene despite intensive betting activity. The coroner criticised Betfair for missed opportunities and said the company should have done more. Betfair denied wrongdoing but has since introduced additional safeguards.

Company involved
Betfair

10 source articles · read the reporting →

DWP algorithm mistakenly flags 200,000 Housing Benefit claimants for fraud review

The UK Department for Work and Pensions (DWP) uses an algorithm to flag Housing Benefit claimants for possible fraud or error. According to a Big Brother Watch investigation, the algorithm has mistakenly flagged 200,000 innocent people, subjecting them to intrusive reviews. Only one in three flagged cases actually had errors, compared to two in three during the pilot. The DWP has spent £4.4 million on these pointless checks.

Company involved
Department for Work and Pensions (DWP)

6 source articles · read the reporting →

Virginia courts' use of algorithms raises fairness concerns

The Washington Post considers the use of risk-assessment algorithms in Virginia's courts, which were introduced to make judicial decisions fairer. The analysis finds that the outcomes have been far more complicated than expected, raising concerns about the system's fairness. The algorithms affect potentially many criminal defendants across the state.

Company involved
Virginia court system

7 source articles · read the reporting →

Audit of RisCanvi finds biases and reliability issues in criminal justice system

Eticas conducted an adversarial audit of RisCanvi, an AI risk assessment tool used in Catalonia's criminal justice system. The audit uncovered biases in risk classifications against specific demographics and significant reliability issues. The findings call for fairer practices in criminal justice AI.

Company involved
Catalonia's criminal justice system
AI system involved
RisCanvi

4 source articles · read the reporting →

WF-1UJHJB1 Jan 2019

Tennessee's TennCare Connect algorithm illegally denied thousands Medicaid benefits

A U.S. District Court judge ruled that Tennessee's TennCare Connect system, built by Deloitte for over $400 million, illegally denied thousands of low-income residents and people with disabilities Medicaid and disability benefits due to programming and data errors. The system automatically terminated coverage without properly considering eligibility for all available programs. A class action lawsuit filed in 2020 resulted in the ruling.

Company involved
TennCare (Tennessee Medicaid)
AI system involved
TennCare Connect

10 source articles · read the reporting →

WF-15KEYQ1 Apr 2023

Deloitte software glitches wrongly remove Texans from Medicaid

Advocacy groups filed a complaint with the Federal Trade Commission alleging that Deloitte's eligibility software, TIERS, used by Texas Medicaid, wrongly disenrolled qualified recipients due to glitches. Nearly 1.8 million Texans lost coverage after the pandemic pause ended, with many errors attributed to procedural issues but some linked to system malfunctions. Deloitte denies the claims, while the state says it restored care for at least 90,000 people. The FTC has not yet responded to the complaint.

Company involved
Texas Health and Human Services Commission
AI system involved
TIERS

6 source articles · read the reporting →

WF-OP475C1 Jan 2018

Dutch probation service's OXREC algorithm flawed, leading to incorrect recidivism risk assessments

The Dutch Inspectorate of Justice and Security (Inspectie JenV) published a report finding that the probation service's (Reclassering) OXREC algorithm contains serious flaws, including swapped formulas and incorrect numbers, causing about a quarter of risk assessments to be wrong. The algorithm, used since 2018 for about 44,000 cases per year, also uses variables that can lead to discrimination, such as neighborhood score and income. The Inspectorate recommended immediate correction or temporary suspension. The probation service announced it would temporarily stop using OXREC.

Company involved
Reclassering Nederland
AI system involved
OXREC

4 source articles · read the reporting →

WF-9F92BD14 Nov 2019

UK prison risk algorithm may embed racial bias, experts warn

The Ministry of Justice developed a digital tool to categorize prisoners, which experts and advocacy groups warn could automate and embed racism. The tool uses intelligence data that may reflect existing bias, potentially leading to disproportionate categorization of BAME prisoners. The MoJ claims no evidence of discrimination, but critics question the small trial sample and lack of transparency.

Company involved
Ministry of Justice
AI system involved
Digital prisoner categorisation tool

5 source articles · read the reporting →

WF-Y1WBTU22 Mar 2022

Citizens Advice finds ethnicity penalty in car insurance pricing

Citizens Advice conducted exploratory research into car insurance pricing and found that people of colour may be paying £250 more per year than White people. The research suggests that areas with large communities of colour may be identified as more risky by algorithms, even when objective risk factors are controlled. Citizens Advice has called on the Financial Conduct Authority to investigate the issue.

9 source articles · read the reporting →

WF-UF6BMA1 Jan 2018

TransUnion AI tenant screening denied 75-year-old man apartment due to mistaken littering conviction

Chris Robinson, then 75, applied for a senior living apartment in California. The property manager used an AI screening program from TransUnion, which assigned him a low score based on a mistaken conviction for littering that belonged to a different person with the same name in Texas. Robinson lost the apartment and his application fee. A federal class-action lawsuit against TransUnion moved toward a $11.5 million settlement in 2023.

10 source articles · read the reporting →

WF-53EQUB1 Jun 2019

Security Health Plan used AI to cut off nursing home care for 85-year-old woman

Frances Walter, an 85-year-old woman with a shattered shoulder, had her nursing home care payment cut off by Security Health Plan after an algorithm predicted she would recover in 16.6 days. The algorithm, nH Predict from NaviHealth, did not account for her severe pain and allergy to pain medicine. She was forced to spend her life savings and enroll in Medicaid while fighting the denial. A federal judge later ruled the denial was speculative and she was owed thousands of dollars.

Company involved
Security Health Plan
AI system involved
nH Predict

1 source article · read the reporting →

Researchers find bias in chest X-ray AI classifiers against women, Hispanic and Medicaid patients

A study by the University of Toronto, Vector Institute, and MIT found that AI classifiers trained on public chest X-ray datasets exhibited racial, gender, and socioeconomic bias. Female patients, Hispanic patients, and those with Medicaid insurance were disproportionately affected, with the classifiers often providing incorrect diagnoses for Medicaid patients. The researchers attributed the bias to imbalanced training data and called for rigorous fairness analyses before clinical deployment.

2 source articles · read the reporting →

WF-DFMQ9J1 Mar 2024

Insurer drops California homeowner after aerial photo analysis

Cindy Picos was dropped by her home insurer after the company used aerial photos to assess her roof. The insurer refused to let her see the photos, and she believes her roof is in fine shape. The incident highlights the growing use of drones and aerial imagery by insurers to inspect properties without in-person visits.

2 source articles · read the reporting →

WF-KD69TB1 Jan 2021

Facebook's automated ad system rejects adaptive fashion ads

Small adaptive fashion companies have had their advertisements repeatedly rejected by Facebook's automated advertising system, which misidentifies their products as medical devices. The system's inability to understand context leads to discrimination against people with disabilities. Facebook has acknowledged the issue and restored some ads, but the problem persists, highlighting biases in machine learning.

Company involved
Facebook
AI system involved
Facebook automated advertising review system

2 source articles · read the reporting →

Racial bias in lung test software led to underdiagnosis of Black men, study suggests

A study published in JAMA Network Open found that race-based adjustments in diagnostic software for lung function likely led to underdiagnosis of breathing problems in Black men. Researchers analyzed data from over 2,700 Black men and 5,700 white men at the University of Pennsylvania Health System and concluded that up to 40% more Black men might have been diagnosed if the algorithm were changed. The American Thoracic Society has recommended replacing race-focused adjustments, but changes may take time.

Company involved
University of Pennsylvania Health System

2 source articles · read the reporting →

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