Pennsylvania lawmakers seek to regulate AI in healthcare

State representatives from Pennsylvania are seeking to regulate artificial intelligence in healthcare through new legislation that would dictate how it’s applied in health settings.

Reps. Arvind Venkat, Joe Hogan, Tarik Khan, Bridget Kosierowski and Greg Scott are behind the push for the bipartisan bill, which would provide new regulations for how AI is used and reported by insurers, hospitals and clinicians.

These groups would need to provide transparency to patients and the public as to how AI is being used in their companies or practice settings.

"As the only physician in the General Assembly, I have seen the rapid growth of AI usage in health care in real time," said Venkat, D-Allegheny. "I am grateful for my bipartisan colleagues, including fellow health professionals, who are joining me on this legislation to make sure Pennsylvanians can be confident that AI is being used responsibly and effectively in the health care industry."

WHAT’S THE IMPACT

To prevent clinicians from overly relying on AI, the legislation would also ensure that a human decision-maker would make the ultimate decision based on an individualized assessment when AI is used by insurers, hospitals or clinicians.

Scott, D-Montgomery, said AI has the ability to enhance all aspects of human life, including in healthcare, but it should never replace the expertise or judgment of experienced clinicians. 

“I embrace technology and use it daily, but as an EMT, I know firsthand that understanding a person’s medical history and needs requires a human element that a computer algorithm cannot fully appreciate,” said Scott. “I’m hopeful that this bipartisan effort will create a framework to support innovation, but not at the expense of human life.”

The legislation would also require an attestation by insurers to the PA Department of Insurance and hospitals and clinicians to the PA Department of Health that bias and discrimination already prohibited by state law have been minimized in their usage of AI, as well as evidence of how that determination was made.

“As AI use has grown in the health care industry, we have already seen evidence that AI usage can reinforce bias and discrimination,” said Venkat. “This will allow us to ensure that insurers, clinicians and hospitals use AI effectively and do not use it to perpetuate potentially harmful biases in the medical field.”

Kosierowski, D-Lackawanna, said the bill would protect patients and provide guardrails that are needed to ensure AI is used responsibly and effectively in the state.

“As a nurse for nearly 30 years, I know our health system depends on experienced human decision makers making assessments on an individualized basis,” she said. “With the introduction of AI, we need experienced doctors and nurses even more now to assess the accuracy of AI to ensure that bias and discrimination haven’t influenced its findings.

THE LARGER TREND

Illinois passed a similar law recently, with the Wellness and Oversight for Psychological Resources Act prohibiting anyone from using AI to aid in mental health and therapeutic decision-making, while still allowing the use of AI for administrative and supplementary support services for licensed behavioral health professionals. 

The intent, said Illinois Governor J.B. Pritzker, is to protect patients from unregulated AI products, protect the jobs of qualified behavioral health providers and protect children from rising concerns about the use of AI chatbots in mental health services.