Introduction
In 2024, state legislative sessions across the United States have seen a significant focus on integrating artificial intelligence (AI) into healthcare. These legislative efforts reflect growing trends and priorities in ensuring ethical AI implementation, protecting patient rights, and maintaining data privacy. This blog highlights the key legislative initiatives and notable efforts in various states regarding AI in healthcare.
Key Legislative Trends in AI Healthcare Integration
Algorithmic Discrimination Prevention
A critical trend in 2024’s legislative efforts is preventing algorithmic discrimination in healthcare settings. Many states are introducing bills to protect patients from biases in AI-driven decision-making processes. These bills aim to ensure that AI applications in healthcare are used ethically and equitably.
Utilization Management
Several legislative measures target utilization management in health insurance. These bills focus on the ethical use of AI in decision-making processes for healthcare services. They seek to ensure that AI tools used in utilization review or management are applied fairly and equitably, safeguarding patient rights.
Patient Consent and Transparency
State legislatures are also considering measures related to patient consent and disclosure. These bills aim to mandate transparency in the development and use of AI applications in healthcare, ensuring that patients are informed about the use of AI in their care.
Notable Legislative Efforts
California
CA Assembly Bill 3030: Health Care Services: Artificial Intelligence
This bill mandates that any health facility, clinic, or physician’s office using generative AI to generate patient communications must include a disclaimer notifying the patient that the communication was AI-generated. The bill has passed the Assembly and is currently in the Senate.
This proposed measure stipulates that decisions on the denial, delay, or modification of healthcare services based on medical necessity must be made by a licensed healthcare provider. It also requires algorithms and AI tools used for utilization review to comply with specified requirements, ensuring fair and equitable application. The bill has passed the Senate and is currently in the Assembly.
Colorado
Signed by Gov. Jared Polis in May, this bill requires developers of high-risk AI systems to use reasonable care to avoid algorithmic discrimination. Compliance provisions include disclosing specified information about the AI system to deployers and providing necessary documentation for impact assessments.
Georgia
This resolution created the Senate Study Committee on Artificial Intelligence to explore AI’s potential and implications. The committee aims to establish ethical standards to ensure that AI technology preserves individual dignity, autonomy, and self-determination.
Illinois
IL House Bill (HB) 5116: Automated Decision Tools Act
This bill mandates that deployers of automated decision tools conduct annual impact assessments on the tools they use. It also requires notifying individuals affected by decisions made or influenced by these tools. The bill was referred to the House Rules Committee.
Oregon
This enacted bill established a Task Force on Artificial Intelligence to examine and identify terms and definitions related to AI for potential legislative use. The task force must report its findings and recommendations to the Legislative Assembly by December 1.
Rhode Island
This bill mandates coverage for the use of AI technology in analyzing breast tissue diagnostic imaging, provided the imaging and review are independently reviewed and approved by a qualified physician.
Utah
UT SB 149: Artificial Intelligence Policy Act
Signed by Gov. Spencer Cox, this act created the Office of Artificial Intelligence Policy and a regulatory AI analysis program. It requires clear disclosure when interacting with generative AI instead of a human.
Washington
This enacted bill created a task force to assess current AI uses and trends in both the private and public sectors and to make recommendations to the legislature regarding AI standards and regulations.
West Virginia
This bill created the West Virginia Task Force on Artificial Intelligence, tasked with recommending AI definitions, overseeing AI policy, developing best practices for AI use in the public sector, and recommending legislation to protect individual rights and consumer data.
ACR’s Role in Advocacy and Updates
The American College of Radiology (ACR) partners with Fiscal Note, a legislation and regulation tracking service, to provide continuous, comprehensive updates on radiology and healthcare-related legislation. To stay current on state legislative developments relevant to radiology, members can view the ACR policy map.
ACR encourages members to highlight their advocacy efforts. If you want to share your advocacy experience or highlight someone for their work, contact Eugenia Brandt, ACR Senior Government Affairs Director, or Dillon Harp, ACR Senior Government Relations Specialist.
Conclusion
The 2024 state legislative sessions have demonstrated a strong focus on integrating AI into healthcare while ensuring ethical standards and protecting patient rights. Notable legislative efforts across various states highlight the importance of preventing algorithmic discrimination, managing AI utilization ethically, and maintaining transparency in AI applications. The ACR continues to support these efforts by providing updates and encouraging member advocacy.
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FAQs
Q1: What is the focus of the 2024 state legislative sessions regarding AI in healthcare?
The 2024 legislative sessions focus on integrating AI into healthcare while ensuring ethical standards, preventing algorithmic discrimination, managing AI utilization, and maintaining transparency.
Q2: What are some notable legislative efforts in California regarding AI in healthcare?
Notable efforts include CA Assembly Bill 3030, which mandates disclaimers for AI-generated patient communications, and CA Senate Bill 1120, which requires the ethical application of AI tools in utilization review.
Q3: How is the ACR involved in these legislative efforts?
The ACR partners with Fiscal Note to provide updates on relevant legislation and encourages members to participate in advocacy efforts.
