As regulators focus on the potential for disparate impacts stemming from COVID-19, the compilation of FTC enforcement actions and guidance may serve as a useful guide as health care providers review their current reliance on, or future use of, AI tools for decision-making processes and their related documentation of the steps taken to avoid inadvertent bias.
As you explore AI as a diagnostic learning tool, administrative or operational management tool, or other innovative solution to enhance patient care and business values, you will likely face issues such as:
- Patient protection and disclosure needs.
- Competitive dynamics and ethical obligations.
- De-identification and secondary uses of protected health information.
- Training data and monitoring of output data.
- Development, testing, and deployment of algorithms and software code.
- Privacy and data security issues related to storage and disposal of data, software, and hardware.
- Audits and accountability documentation.
Alston & Bird attorneys can provide:
- Strategic planning for adoption of AI tools, including ethical reviews and adoption of guardrails.
- Compliance with applicable privacy law.
- Compliance review with any applicable security and privacy audit standards (e.g., CIS, NIST, ISO), including particular focus on software development and life cycle.
- Data governance, including sourcing and managing data sets and algorithms.
- Vendor vetting and contract negotiations.