Kennedy’s HHS appears to have been caught misusing AI — for the fourth time
It seemed like a straightforward task. The Department of Health and Human Services set out to file an argument in an arbitration case, presenting claims about alleged mistakes made by an arbitrator. Such documents are filed all the time, and under normal circumstances, none of this would be notable to the public at all.
But these are not normal circumstances. The Washington Sun reported:
The Trump administration apparently still hasn’t learned its lesson about double-checking sources.
A federal labor agency flagged so many problems in a recent arbitration filing that it suggested the Department of Health and Human Services used artificial intelligence to draft its brief.
There’s a lot of evidence to support those allegations: The Federal Labor Relations Authority identified 10 “entirely fictitious” citations in the filing; and as the Sun’s report added, 22 of the HHS filing’s 29 footnotes and 35 of the 42 total legal or record citations were deemed “fictitious, erroneous, or irrelevant.” There were also “incorrect page numbers, case numbers and other details.”
The Trump administration’s embrace of artificial intelligence has a long track record of sloppiness. In July, for example, a State Department representative delivered a presentation at an AIDS 2026 conference and referred to a map of Africa that mislabeled multiple countries. A Reuters report noted that the image “contained an artificial intelligence watermark that signals it was made with OpenAI tools.”
This was embarrassing, but it was not an isolated incident. Border Patrol officials, for example, were caught misusing ChatGPT last fall. Around the same time, Tulsi Gabbard, then the director of national intelligence, used an AI program to determine which documents to release related to the 1963 assassination of President John F. Kennedy, and that process did not go well.
But Secretary Robert F. Kennedy Jr.’s HHS has suffered more than its share of humiliations on this score.
Last year, for example, the department produced “The MAHA Report: Making Our Children Healthy Again,” which cited multiple nonexistent scientific studies after staffers misused AI. Soon after, the Food and Drug Administration unveiled an AI tool intended to speed up drug approvals, but the tool did not work.
As recently as last month, HHS included nonexistent, AI-generated citations to support sweeping changes to federal teen pregnancy prevention programs. The Washington Post reported that a federal judge discovered that the department cited seven articles, two of which were made up entirely and three of which did not exist in the journals to which they were attributed.
Now, the list has grown a little longer.
“While nothing prohibits parties from using AI tools when preparing filings for submission to the Authority, we caution those who do so to be aware that AI continues to present significant risks of error,” the Federal Labor Relations Authority reminded HHS in its ruling.
The warning was worthwhile, though if recent history is any guide, the department is not likely to take the reminder to heart.
This post updates our related earlier coverage.
The post Kennedy’s HHS appears to have been caught misusing AI — for the fourth time appeared first on MS NOW.
