Artificial intelligence (AI) has quickly transformed many industries, and healthcare is no exception. Along with the benefits, there are growing concerns about algorithm bias and discrimination. To address these issues, Colorado has stepped up with the Colorado Artificial Intelligence Act—the first of its kind in the U.S. to tackle AI regulations head-on.
The potential of AI in healthcare
According to Revolutionizing healthcare: the role of artificial intelligence in clinical practice, “Rapid AI advancements can revolutionize healthcare by integrating it into clinical practice. Reporting AI’s role in clinical practice is crucial for successful implementation by equipping healthcare providers with essential knowledge and tools.”
AI has a lot of promise in healthcare. It can sift through huge amounts of clinical data rapidly, which helps doctors spot disease markers and trends that might be missed otherwise. Whether it's analyzing radiological images for early detection or using electronic health records to predict outcomes, AI could change how we approach healthcare.
Understanding algorithmic bias in healthcare
Algorithmic bias, also known as AI bias, is an issue that can arise when AI systems are deployed in healthcare. These biases can stem from the data used to train the algorithms, as well as the assumptions and decisions made by the humans involved in the development process. Algorithms, which are a set of rules or instructions, can perpetuate and amplify existing societal biases, leading to discriminatory outcomes.
The landmark AI in healthcare study
A study published in Science examined a widely used algorithm that predicted future healthcare needs for over 100 million patients. The researchers found the algorithm was biased against Black patients, as it relied on healthcare spending as a proxy for health needs. This assumption failed to account for the longstanding wealth and income disparities between Black and white patients, resulting in the algorithm concluding that Black patients were less likely to require additional care, even when they were equally or more in need.
Addressing algorithmic bias
Algorithmic bias in healthcare can have severe consequences, leading to the denial or inequitable provision of services, such as healthcare, employment, and financial assistance. These biases can exacerbate existing health disparities and perpetuate systemic discrimination, ultimately harming vulnerable populations. Addressing this challenge is necessary to ensure that the benefits of AI are equitably distributed and that healthcare decisions are made in a fair and unbiased manner.
The Colorado Artificial Intelligence Act
In response to the growing concerns about algorithmic bias in healthcare, Colorado enacted the Colorado Artificial Intelligence Act in May 2024. This legislation is the first AI regulation in the United States, setting a precedent for other states to follow.
Defining high-risk AI systems
The Colorado AI Act focuses on regulating the use of ‘high-risk AI systems,’ or those that make or are a substantial factor in making ‘consequential decisions.’ These decisions can have a legal impact on the provision or denial of services, such as healthcare, education, employment, financial services, and housing.
Addressing algorithmic discrimination
The Colorado AI Act defines ‘algorithmic discrimination’ as any use of a high-risk AI system that results in unlawful differential treatment or impact that disfavors an individual or group based on protected characteristics, such as age, color, disability, ethnicity, race, or religion. The definition ensures that the legislation addresses a wide range of potential discriminatory outcomes.
Regulatory requirements
To mitigate the risks of algorithmic discrimination, the Colorado AI Act imposes several regulatory requirements on AI developers and deployers. These include:
- Annual impact assessments: AI developers must conduct annual assessments to analyze the potential risks of algorithmic discrimination and implement appropriate mitigation strategies.
- Consumer notification: When a high-risk AI system is used to make an adverse consequential decision, the deployer must provide the affected consumer with detailed information about the decision-making process, including the data sources and the role of the AI system.
- Opportunities for correction and appeal: Consumers must be given the chance to correct any inaccurate personal data and appeal adverse decisions, with the option for human review.
The ripple effect
The Colorado AI Act is expected to have an impact on the regulation of AI in healthcare and other sectors across the United States. Already, several other states, including California, have proposed their own AI-related legislation, indicating a growing trend toward more oversight and governance of this transformative technology.
The need for consistent regulatory frameworks
As AI becomes more embedded in different industries, having clear and consistent regulations is beneficial. Without them, AI developers and users face difficulties, and consumers are left with uncertainty. The Colorado AI Act could set a precedent, leading to more unified AI regulations in the US.
Balancing innovation and consumer protection
The main purpose of AI regulation in healthcare should be to balance innovation with protecting consumer rights. The Colorado AI Act shows that it’s possible to use AI's potential while also addressing concerns about bias and discrimination, ensuring that its use remains fair, transparent, and accountable.
In the news
On February 20, 2024, U.S. House Speaker Mike Johnson and Democratic Leader Hakeem Jeffries jointly announced the creation of a bipartisan Task Force on Artificial Intelligence (AI). The task force is a strategic initiative to position America as a leader in AI innovation while addressing the complexities and potential threats posed by this transformative technology.
Composed of members from various congressional committees, the task force's objective is to draft a report that will lay out guiding principles, forward-looking recommendations, and bipartisan policy proposals.
See more: U.S. House launches bipartisan AI task force
FAQs
What exactly does AI mean?
Artificial Intelligence (AI) is the simulation of human intelligence in machines that are programmed to think and learn like humans.
How does HIPAA apply to the use of AI in healthcare?
HIPAA (Health Insurance Portability and Accountability Act) applies to the use of AI in healthcare, as it governs the protection of patients' medical records and personal health information. When using AI technologies, it's necessary to ensure compliance with HIPAA regulations to safeguard patient privacy and data security.
Do healthcare providers need consent to implement AI solutions?
Yes, healthcare providers typically need informed consent from patients before using AI technologies for diagnosis, treatment, or other healthcare purposes. Obtaining consent is mandatory to ensure transparency and respect for patients' autonomy in the use of AI-driven healthcare interventions.
What technologies can be used to integrate AI into healthcare processes?
Healthcare professionals can use various technologies to integrate AI into healthcare, including machine learning algorithms, natural language processing (NLP), computer vision, and predictive analytics.
Learn more: HIPAA Compliant Email: The Definitive Guide
Farah Amod
