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Technology
14 August 2024

States Step Up As AI Transforms Health Care And Law

With federal oversight lagging, states take the lead on crafting AI regulations to address emerging challenges and protect society

The face of healthcare and legal industries is rapidly changing with the integration of artificial intelligence (AI). This burgeoning technology holds the potential to revolutionize diagnostics, treatment planning, and even the way legal cases are approached.

States around the U.S. are taking steps to develop regulations to govern the use of AI, especially within healthcare. With no strong federal guidelines yet established, many are turning to state-level legislation to address the unique challenges AI presents.

Colorado has emerged as one of the leaders, enacting comprehensive laws aimed at managing AI's use, particularly related to major decisions made by AI systems. State Rep. Brianna Titone, one of the bill's sponsors, has emphasized the importance of proactive measures, citing the sluggish pace of federal regulation.

Similarly, Utah is working on rules focusing on mental health chatbots, which are becoming increasingly common. Among these new regulations is the requirement for healthcare professionals to disclose when AI is used during patient interactions.

Healthcare organizations must navigate the murky waters of AI governance, as various states propose different solutions. Valerie Rogers, from the Healthcare Information and Management Systems Society, points out the growing number of proposals compared to those becoming law.

For example, some states are considering restrictions on how insurers use AI to evaluate claims and care coverage. A bill proposed in California seeks to project patients’ best interests, though it faces hurdles due to budgetary concerns.

Policymaking momentum is expected to grow significantly come 2025, as states feel the mounting pressure to enact laws addressing privacy, bias, and security concerns surrounding AI. These state-led efforts aim at preventing discriminatory AI practices and safeguarding patients’ rights.

While flexibility is driving state policy creation, it can also lead to disparate regulations across the country, resulting in confusion among developers and users alike. Jennifer Geetter, from the law firm McDermott Will and Emery, warns about the complications arising from state-specific regulations.

Collaboration among states is critical, and forums like the National Conference of State Legislatures are being utilized to harmonize policies. Colorado’s Titone acknowledges the complexity of adopting uniform regulations across states but sees dialogue as the first step.

On the federal front, slow but sure progress is being made to develop national regulations governing AI usage. The Biden administration is reshaping its health IT offices with AI oversight as part of its strategy.

Recently, Food and Drug Administration (FDA) officials reiterated their commitment to transparency and predictability concerning AI use but still haven’t outlined specific timelines for their guidelines. This uncertainty leaves many areas of healthcare still exploring their AI futures amid the challenges.

Companies involved in the healthcare sector are actively engaged, discussing standards for safety and efficacy. Brian Anderson, CEO of the Coalition for Health AI, indicated significant agreements among industry leaders are likely to emerge within the next year.

Switching gears to the legal domain, Illinois has made headlines with its new legislation targeting AI-generated child pornography. Governor J.B. Pritzker signed this law to clarify existing child pornography laws extend to images and videos created with AI technology.

Illinois Attorney General Kwame Raoul has highlighted the dangers posed by the increasing ease of producing such content, necessitating this legislative action. After all, these advancements can facilitate the generation of criminally explicit materials at levels never seen before.

State Rep. Jennifer Gong-Gershowitz sponsored the bill, emphasizing the need for laws addressing modern technological threats to protect children. She noted the “disturbing rise” of this emergent issue, impacting children's safety.

Raoul’s office oversees the Illinois Internet Crimes Against Children Task Force, which has been proactive in tackling child exploitation. With over 46,150 online tips since 2019, the task force underscores mounting pressures from this worrying trend.

Overall, as AI continues to evolve and integrate across various sectors, both healthcare and legal systems are compelled to keep pace. The goal remains balancing innovation with societal protection, aiming to craft thoughtful regulations to address the rapidly changing technological terrain.

The National Institute of Standards and Technology (NIST) is also stepping up its game, announcing new AI guidelines and software tools as it responds to President Biden’s Executive Order on AI safety and security. NIST Director Laurie Locascio expressed the agency’s commitment to helping organizations create safe AI technologies.

NIST hosted workshops to gather stakeholders and identify working groups for advancing the AI Executive Order requirements. The collaboration aims to produce new standards for AI safety, benefitting public and private organizations alike.

Among the three newly published guidelines are those focusing on secure development practices for generative AI. The guidance seeks to address potential vulnerabilities and harmful impacts arising from AI misuse.

Another significant document, the AI Risk Management Framework, serves as part of NIST’s mission to bolster AI's safety and transparency. The framework builds on collaborative feedback and emphasizes the importance of safe AI development.

Interestingly, as these systems become more intertwined with daily life, the risk of adversarial machine learning is also rising. NIST has proactively released software to test how AI systems might be vulnerable to attack, aiming to offer organizations practical tools to secure their operations.

AI brings immense opportunities for transformative changes across different sectors, but it also presents unique challenges. Balancing the benefits of these innovations with stringent guidelines is key to ensuring public trust and elevated safety standards.

These collective efforts signal the necessity of adapting laws and regulations to better reflect the realities of AI technologies. The multiple state and organization-led initiatives highlight the urgency of developing comprehensive frameworks to tackle the challenges posed by AI

Across both health care and legal fields, the convergence of AI technology exemplifies the critical decision-making processes on multiple levels. With these emerging regulations, stakeholders must maintain diligent oversight, ensuring responsibility remains at the center of AI implementations.

Whether it's through state laws or federal guidelines, the momentum is building. The conversation surrounding AI's role continues to evolve as society grapples with the benefits and challenges posed by unprecedented technological advancements.

With the collaboration of state and federal actors, there's promising progress toward safeguarding both healthcare and legal industries as they embrace AI’s transformative power. The path forward resides not merely in the adoption of technology but also ensuring its ethical and safe development.

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