Manatt Health Partner Eric Gold and Privacy and Data Security Associate Amy MacDonald were quoted in an article by Corporate Counsel discussing the importance of artificial intelligence (AI) risk mitigation strategies in light of recent enforcement in health care by state attorneys general.
A recent settlement between the Texas attorney general and a technologies company regarding deceptive marketing allegations of their generative AI software exhibits how states are regulating AI use. Reports on the use of AI have been issued by other state attorneys general, mainly focusing on situations where AI can negatively affect consumers, according to Gold.
To show responsible deployment of AI, firms must fulfill key requirements, he added. “Under certain state AI laws, obligations flow down to AI deployers, particularly with respect to transparency for end users,” he said. "In some cases, deployers must also implement risk management policies and conduct impact assessments concerning AI.”
Strategies to mitigate risk of AI use “should be informed by the nature, scope, context and purpose,” MacDonald said. “Disclosing to patients whenever they are interacting with an AI system is always a good idea,” she added.
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