Call for AI regulations in health care grows louder

(The Center Square) – As legislators try to get their arms around the rapid development of artificial intelligence, bills taking a variety of different approaches have made their way into the General Assembly.

This week, Sen. Nick Pisciottano, D-Monroeville, has joined a bipartisan effort started in the House to create guardrails for AI in healthcare.

A primary aim of the bill is to demand transparency from providers about when and how AI is used throughout the health care process. It requires what the industry refers to as a “human in the loop” assessing care and making final decisions.

“As AI becomes a bigger part of our day-to-day lives, we must make sure it is not being over-relied on in our health care system,” said Rep. Joe Hogan, R-Penndel, who co-sponsors a companion bill in the House. “This legislation would make sure that there is still a human element in place when determining life and death decisions.”

The bill comes years after AI solutions first entered the health care space. New advancements, however, have made the tech rapidly more conspicuous.

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On a panel at AI Horizons in Pittsburgh, Vice President of Data and Analytics at Highmark Health Ian Blunt, said he’d been using predictive models for decades to great effect.

“For those who are going to have some really extreme healthcare needs, we’re able to predict that in more than 80% of cases six months before those needs are being met,” said Blunt.

The House effort is led by Rep. Arvind Venkat, D-Pittsburgh. In addition to Venkat, an emergency physician, the legislation has support from other medical professionals in the legislature. Rep. Tarik Khan, D-Philadelphia, is a nurse practitioner, Rep. Bridget Kosierowski, D-Scranton is a former nurse, and Rep. Greg Scott, D-Norristown, is an EMT.

“AI certainly has the ability to enhance all aspects of human life, including the health care space – but it should never replace the expertise or judgement of health care clinicians,” said Scott. “I embrace technology and use it daily, but as an EMT, I know firsthand that understanding a person’s medical history and needs requires a human element that a computer algorithm cannot fully appreciate. I’m hopeful that this bipartisan effort will create a framework to support innovation, but not at the expense of human life.”

One aspect of the legislation requires physicians and hospitals to ensure that the technology they use abides by the same laws prohibiting bias and discrimination they do. Providers would be expected to provide evidence that the technology is in line to the Department of Health or the Department of Insurance.

“Getting an unjust denial from your insurance company is bad enough but knowing that AI and not humans are making the decisions is outrageous,” said Khan. “I’m proud to work on this bipartisan bill with Dr. Venkat and other legislators to help put patients back in charge of their care.”

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AI advocates say that the tools can actually be used to do just that. Cardiologist and entrepreneur Shiv Rao says his Abridge program can monitor conversations between physicians and patients and prompt doctors to ask the right questions to get insurance approvals, reducing the time and strain created by back and forth with providers.

It’s here where lawmakers must thread the needle between safeguarding their constituents and creating space for innovations that could profoundly shift the health care landscape.

“What I’m looking for as a professional, as a doctor, is more agency. I need 30 hours a day to get all my work done, and I’m not delivering the kind of care and kind of care experience that I wish I could,” said Rao. “And so, if AI can create more agency for people, then we’re doing it right, and I think that’s the opportunity that’s in front of us.”

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