Health Care Industry Dishes On AI Regulation

Sen. Bill Cassidy (R-La.), ranking member of the HELP Committee, recently floated changes in artificial intelligence regulation in health care and sought feedback on the potential framework.

Pulse obtained a number of the responses from groups representing members across the sector, including hospitals, health IT leaders, health plans and more. Some responses called for lawmakers and regulators to avoid creating conflicting rules and overly broad approaches.

The American Hospital Association and CHIME, which represents health IT executives, agreed with Cassidy — who is also a physician — that regulation not focusing sufficiently on specific sectors like health care could impede innovation. AHA added that such an approach might be insufficient in addressing safety issues relevant to health care.

Some, including Rep. Greg Murphy (R-N.C.), a co-chair of the GOP Doctors Caucus, have called for AI to be regulated at the state level. The Confidentiality Coalition, which represents insurer groups like AHIP, pharmacy benefit manager groups like PCMA, tech companies like Amazon and pharmaceutical companies like Amgen, disagreed with that approach.

“A single national standard that preempts state laws in this area will avoid conflicting requirements and facilitate compliance without unduly restricting innovation,” the coalition wrote.

CHIME and the Confidentiality Coalition also warned against conflicting regulations at the federal level.

“Regulatory oversight is needed; however, it should not result in duplicative mandates or worsen administrative burdens on providers and clinicians,” CHIME wrote.

Ty Bofferding, a spokesperson for the ranking member, said that Cassidy was pleased by the “substantive feedback” he received and “evaluating potential policy options.”

Situational awareness: Congress is still wrapping its arms around how to regulate AI generally, as well as in health care. There’s plenty of optimism about the technology’s power to transform care but fear about potential consequences if it goes awry.

Cassidy said that rules should target specific sectors like health care, not broad “top-down” methods.

Senate Majority Leader Chuck Schumer held a forum last month on the potential regulation of AI and is eyeing a federal policy framework. Lawmakers have generally raised concerns about bias in health care AI, as well as privacy and transparency in how algorithms work.

So far, Congress hasn’t taken substantial action, but federal agencies like the FDA and the Office of the National Coordinator for Health IT have proposals on how to regulate the technology. Reps. Anna Eshoo (D-Calif.), ranking member of the Energy and Commerce Health Subcommittee, and Dan Crenshaw (R-Texas) have introduced legislation to examine how AI might threaten biosecurity.

 

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