Bass, Berry & Sims attorney Roy Wyman authored an article for the American Health Law Association (AHLA) examining the use of artificial intelligence (AI) in healthcare. Specifically, the article “discusses the nature and types of AI, turns to relevant laws as they may impact life sciences and other organizations, and considers risks and mitigation strategies when exploring potential uses of AI. The article also introduces some regulatory and practical concerns along the way such as automated decision making, use of personal information, inherent bias, AI ‘hallucinations,’ and ‘transparency’ in how AI works and how we talk about it.”

In discussing relevant laws related to AI, Roy outlines how recent privacy rules and AI intersect, noting that, “privacy laws, however, are currently the primary roadblocks to the unrestricted use of AI.” Roy further explains this tension noting that AI often relies on “profiling – such as analyzing our health, personal preferences and behavior” to deliver healthcare; however, profiling can be prohibited or limited under the myriad of state-specific and international data privacy statutes.

To identify and mitigate risk associated with the adoption of AI, Roy identifies several tools companies can use, including:

  • Notice and Consent: Companies must provide accurate and up-to-date notice and consent to users when AI is used.
  • Impact Assessments: “Companies are encouraged to create a process rather than a guideline for determining whether to implement particular AI.  That process must include evaluating the risks of the AI, relevant privacy controls, and mitigation strategies.”

The full article, “AI for Life Sciences: A Dickensian Approach,” was published in the December issue of AHLA’s Health Law Connections magazine and is available online (login required).