As healthcare professionals face increasing burnout, many hospitals and health systems are turning to artificial intelligence (AI), electronic health records (EHRs), and other automation tools as possible solutions. However, there are several legal considerations for healthcare executives regarding AI. To gain further insight on this important topic, we interviewed Carly Koza, Buchanan Ingersoll & Rooney associate and a nationally recognized expert in artificial intelligence and machine learning.
AI, Privacy, and the Law
One of the most important legal considerations for healthcare organizations embarking on AI projects is data privacy, Koza notes. She explains, “AI relies on data, and data is subject to certain privacy considerations, such as HIPAA and other state laws. Whether the data is being stored in the cloud, used in research, or otherwise accessed, healthcare organizations must ensure they have the proper compliance procedures.”
Kozas adds that organizations should also be aware of the potential legal ramifications of using AI models in decision-making. “If you’re using AI to make decisions, you need to be aware of certain fairness considerations and regulations,” she explains. AI models may have biases, and organizations need to be sure that they follow legal guidelines when using them for decision-making.
Other Legal Considerations
In addition to privacy and decision-making, Koza notes other potential legal issues with AI. These include potential exposure to intellectual property claims, contractual disputes, and liability for faulty algorithms. Healthcare organizations must ensure that they have a comprehensive understanding of the legal implications of their AI projects and the resources to address any potential issues.
Planning Ahead
As Koza notes, “Healthcare organizations should be proactive when it comes to their AI projects. It’s important to have a comprehensive strategy in place and to ensure that the proper compliance procedures are in place and that everyone involved is aware of the legal considerations.” She adds, “A well-crafted AI strategy can help healthcare organizations maximize the potential of AI and minimize the risk of legal issues.”