Tech & Innovation in Healthcare

Question: I’ve appreciated reading your AI and healthcare articles. As the technology is still very new, is there any chance of lawsuits regarding the technology in the medical field?

Ohio Subscriber

Answer: Yes, there have been several lawsuits against Medicare Advantage insurers alleging the payers used artificial intelligence (AI) to deny care to their beneficiaries. For example, patients filed a suit against Humana claiming the payer used naviHealth’s nH Predict tool to make long-term care coverage determinations.

Federal lawmakers are working to figure out the best way to ensure patients receive optimal care without hampering AI’s development. The Senate Committee on Finance held the Artificial Intelligence and Health Care: Promise and Pitfalls legislative hearing on Feb. 8, 2024.

“There’s no doubt that some of this technology is already making our healthcare system more efficient. But some of these big data systems are riddled with bias that discriminate against patients based on race, gender, sexual orientation, and disability. It is very clear not enough is being done to protect patients from bias in AI,” said Ron Wyden (D-OR), senate committee on finance chairman.

Senator Wyden also noted that Congress needs to find a way to find the middle ground between “protecting innovation and protecting patients and their privacy.” During the hearing, the senator also introduced the Algorithmic Accountability Act. The act would require healthcare systems to evaluate their AI tools, regardless of whether they develop them or just use them, and ensure the tools are being used as they should and haven’t incorporated harmful bias.